{"id":6723,"date":"2012-05-28T20:43:08","date_gmt":"2012-02-24T08:16:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-24T08:16:04","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6723","title":{"rendered":"GA: Arrest warrant authorized entry to arrest, despite ulterior motive to do a plain view for drugs"},"content":{"rendered":"<p>A narcotics investigator found defendant in a bedroom. He found a methamphetamine pipe in defendant&#8217;s pockets while performing a pat-down search. The court of appeals held that because the police had a valid arrest warrant for the resident and limited their search to those areas where she could be located, the fact that they could have been motivated to enter the house to search for drugs was immaterial and did not render the entry and subsequent seizure of evidence from defendant illegal. The police reasonably believed that the resident was in the house at the time of their entry based upon information from a neighbor and the fact that the vehicle registered to the resident was parked in front of the house. <a href=\"http:\/\/www.lexisone.com\/lx1\/caselaw\/freecaselaw?searchType=citation&amp;fclSearch=2012+Ga.+App.+LEXIS+174+&amp;action=FCLSearchCaseByCitation&amp;pageLimit=10&amp;format=CITE&amp;pageNumber=1&amp;sourceID=&amp;citation=2012+Ga.+App.+LEXIS+174+&amp;searchTerm=\">Jones v. State<\/a>, 314 Ga. App. 247, 723 S.E.2d 697 (2012).*<\/p>\n<p>\u201cPleading guilty to two firearm offenses, Lewis unsuccessfully moved to suppress the firearm as the fruit of an unlawful search and seizure. We must determine whether the traffic stop was supported by the requisite reasonable suspicion of criminal activity under the Fourth Amendment based on either: (1) the illegal tints on the vehicle&#8217;s windows; or (2) the tip that firearms were in the possession of the individuals in the vehicle. We hold that neither basis establishes the reasonable suspicion necessary for the traffic stop. Hence, the firearm discovered on Lewis should have been suppressed. We will vacate Lewis&#8217;s judgment of conviction and sentence, reverse the denial of his motion to suppress, and remand for further proceedings.\u201d <a href=\"http:\/\/www.ca3.uscourts.gov\/opinarch\/111136p.pdf\">United States v. Lewis<\/a>, 672 F.3d 232 (3d Cir. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6723\">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-6723","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6723","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=6723"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6723\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6723"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6723"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6723"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}