{"id":8511,"date":"2013-06-19T09:55:25","date_gmt":"2013-03-21T07:27:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-03-21T07:27:45","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8511","title":{"rendered":"GA: Inevitable discovery supported seizure of briefcase in sex abuse case"},"content":{"rendered":"<p>Inevitable discovery of briefcase seized in ongoing investigation that supposedly contained a videotape of sexual abuse of a child saved the search in this case. The investigation was ongoing. The officer had a civilian obtain the briefcase for them so they could hold it to get a search warrant. Even assuming the briefcase was seized unlawfully, it was inevitable it would have been lawfully found.<a href=\"https:\/\/efast.gaappeals.us\/download?filingId=84adf0e8-4bbe-44f9-8cee-5acc4088df52\"> Wilder v. State<\/a>, 320 Ga. App. 497, 740 S.E.2d 241 (2013), on remand from Wilder v. State, 290 Ga. 13, 717 S.E.2d 457 (2011).<\/p>\n<p>The police adequately inquired into the third party consenter\u2019s control over the upstairs living area, and she affirmed that she had control. That was sufficient to obtain her consent. It turned out that defendant asked her to lie about it. \u201cMoreover, the record demonstrates that Wheeler wanted police to believe that Bates had authority over the upper unit. It is undisputed that Wheeler instructed Bates to lie to police and claim that she lived in the upper unit. To argue now that police wrongly  relied on Bates&#8217;s authority, when Wheeler orchestrated the attempt to mislead police, is disingenuous.\u201d <a href=\"http:\/\/wicourts.gov\/ca\/opinion\/DisplayDocument.pdf?content=pdf&amp;seqNo=94228\">State v. Wheeler<\/a>, 2013 WI App 53, 830 N.W.2d 278 (2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8511\">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-8511","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8511","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=8511"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8511\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8511"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8511"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8511"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}