{"id":56752,"date":"2024-01-03T10:10:18","date_gmt":"2024-01-03T15:10:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56752"},"modified":"2024-01-03T10:10:18","modified_gmt":"2024-01-03T15:10:18","slug":"ga-probationers-housemate-didnt-object-to-probation-search-so-it-was-valid-as-to-him-too","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56752","title":{"rendered":"GA: Probationer&#8217;s housemate didn&#8217;t object to probation search, so it was valid as to him, too"},"content":{"rendered":"\n<p>When you live with a probationer with a Fourth Amendment waiver, your stuff in the premises is likely subject to search, too. Here, it\u2019s decided on defendant\u2019s failure to object to his alleged implied consent [like he knew he could] or the PO\u2019s exceeding his authority [not developed below or here]. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=746f81ae-1bcd-4eea-95b1-ae6efc75ca4c\">Martin v. State<\/a>, 2024 Ga. App. LEXIS 1 (Jan. 2, 2024).<\/p>\n\n\n\n<p>Appellant\u2019s claim that seizure of property to levy on a civil judgment was a Fourth Amendment violation wasn\u2019t raised in the trial court, so it\u2019s not considered on appeal. Turnbull-Wheatley v. Turnbull, 2023 VI 17, 2023 V.I. Supreme LEXIS 23 (Dec. 29, 2023).*<\/p>\n\n\n\n<p>The probable cause showing for this warrant was sufficient for a reasonable belief the warrant was valid so the good faith exception applies, too. United States v. Burns, 2024 U.S. Dist. LEXIS 112 (D. Neb. Jan. 2, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When you live with a probationer with a Fourth Amendment waiver, your stuff in the premises is likely subject to search, too. Here, it\u2019s decided on defendant\u2019s failure to object to his alleged implied consent [like he knew he could] &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56752\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,69],"tags":[],"class_list":["post-56752","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56752","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=56752"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56752\/revisions"}],"predecessor-version":[{"id":56753,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56752\/revisions\/56753"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56752"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56752"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56752"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}