{"id":6952,"date":"2012-07-25T17:13:10","date_gmt":"2012-04-07T15:01:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-04-07T15:01:59","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6952","title":{"rendered":"GA: Affidavit for SW that did not show how medical records would support case was &#8220;bare bones&#8221; and insufficient"},"content":{"rendered":"<p>Affidavit for medical records that \u201cmight\u201d provide evidence that defendant was DUI was constitutionally insufficient as based on an assumption. It was thus \u201cbare bones\u201d for good faith purposes. Willoughby v. State, 727 S.E.2d  194 (Ga. App. 2012). [Note: Georgia Court of Appeals cases were only available on <a href=\"http:\/\/www.gaappeals.us\/opinions.php\">LexisOne which ceased April 1<\/a>. This court now has the distinction of being the only court in America without decisions online.]<\/p>\n<p>Defendant was subjected to a full custodial arrest, so removing a .45 bullet from his pocket was not unreasonable under Terry. United States v. Villa, 2011 U.S. Dist. LEXIS 154625 (N.D. Ga. September 20, 2011), adopted, 2012 U.S. Dist. LEXIS 48448 (N.D. Ga. April 5, 2012).*<\/p>\n<p>Whether the cooperating witness had apparent authority to consent was shown to be a factual dispute that required a hearing[, and the court will tell the parties what the law is in advance]. United States v. Wright, 2012 U.S. Dist. LEXIS 47828 (E.D. N.Y. April 2, 2012)* [Why didn\u2019t the court just let the parties do it? This order is saying there\u2019s a factual dispute for hearing, and there\u2019s been no factual development.]<\/p>\n<p>&#8220;The defendant consented, and that obviated having to decide whether the third-party consent was valid. Inter alia, the undersigned observes that defendant is an adult, has had previous experience with police and is doubtless familiar with his rights.\u201d United States v. Ray, 2012 U.S. Dist. LEXIS 48391 (E.D. Tenn. March 16, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6952\">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-6952","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6952","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=6952"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6952\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6952"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6952"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6952"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}