{"id":58016,"date":"2024-06-07T08:32:25","date_gmt":"2024-06-07T13:32:25","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58016"},"modified":"2024-06-07T08:32:25","modified_gmt":"2024-06-07T13:32:25","slug":"ga-sw-for-a-physical-nonperishable-item-wasnt-stale","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58016","title":{"rendered":"GA: SW for a physical nonperishable item wasn&#8217;t stale"},"content":{"rendered":"\n<p>In a child sex abuse case, the trial court erred in finding the warrant stale that a massaging tool used on the victim wouldn\u2019t likely be there. It was a physical object and nonperishable. It was not stale. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=0231e60f-9ea6-4126-9c55-6d75781d5d87\">State v. Santiago<\/a>, 2024 Ga. App. LEXIS 211 (June 3, 2024).<\/p>\n\n\n\n<p>Federal DUI: Defendant had a one vehicle wreck while on cruise control. The officers at the scene saw the driver swaying and smelled of alcohol. That was probable cause. United States v. Pratt, 2024 U.S. Dist. LEXIS 97550 (M.D. Ga. May 31, 2024).*<\/p>\n\n\n\n<p>As to probable cause: \u201cSurveillance of the location and attendant hand-to-hand transactions combined with the empty bags with drug residue found at the location (suggesting that significant amounts of drugs were dumped before the search warrant was executed) tends to prove that large quantities of narcotics had been at that location. And the evidence also confirms that Hulbert was present in the house on numerous occasions.\u201d United States v. Hulbert, 2024 U.S. Dist. LEXIS 95321 (S.D. Ohio May 29, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a child sex abuse case, the trial court erred in finding the warrant stale that a massaging tool used on the victim wouldn\u2019t likely be there. It was a physical object and nonperishable. It was not stale. State v. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58016\">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":[38,20,8],"tags":[],"class_list":["post-58016","post","type-post","status-publish","format-standard","hentry","category-nexus","category-probable-cause","category-staleness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58016","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=58016"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58016\/revisions"}],"predecessor-version":[{"id":58017,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58016\/revisions\/58017"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58016"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58016"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58016"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}