{"id":5739,"date":"2011-12-28T12:27:08","date_gmt":"2011-07-04T08:12:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-07-04T08:12:42","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5739","title":{"rendered":"GA: Anonymous tip, three refusals of consent, and nervousness not RS to detain for a drug dog"},"content":{"rendered":"<p>Defendant refused three requests for consent, so they detained him 15 minutes for the drug dog, and that required reasonable suspicion. All they had was a vague anonymous tip, and nothing corroborating it. Defendant\u2019s nervousness alone was not enough. The motion to suppress should have been granted. <a href=\"http:\/\/www.lexisone.com\/lx1\/caselaw\/freecaselaw?searchType=citation&amp;fclSearch=2011+Ga.+App.+LEXIS+565+&amp;action=FCLSearchCaseByCitation&amp;pageLimit=10&amp;format=CITE&amp;pageNumber=1&amp;sourceID=&amp;citation=2011+Ga.+App.+LEXIS+565+&amp;searchTerm=\">Dominguez v. State<\/a>, 310 Ga. App. 370 (2011).*<\/p>\n<p>Defendant lived in the office building of a used car lot as an on-site security guard, and a fire inspector checking the premises ultimately was \u201cinvited\u201d in after requesting to inspect. What he saw was disturbing and led him to conclude that child pornography was produced there. Ultimately, a search warrant was obtained. Defendant had a reasonable expectation of privacy in the area because he lived there, and the officers following the inspector entering had no exigent circumstances or consent. However, there was probable cause for issuance of the state search warrant even redacting what was seen from the unlawful entry, so the independent source doctrine and the good faith exception supported the warrant. United States v. Cannon, 2011 U.S. Dist. LEXIS 70318 (W.D. Ark. June 30, 2011),* R&amp;R 2011 U.S. Dist. LEXIS 70882 (W.D. Ark. May 19, 2011).*<\/p>\n<p>The officer had reasonable suspicion to detain defendant, and it was more than just guilt by association like Ybarra with the other man he was talking to between cars. United States v. Zuniga-Valencia, 2011 U.S. Dist. LEXIS 70362 (D. Neb. June 30, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=5739\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5739","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5739","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5739"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5739\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5739"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5739"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5739"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}