{"id":9307,"date":"2014-02-05T13:57:11","date_gmt":"2013-08-21T06:17:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-08-21T06:17:21","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9307","title":{"rendered":"GA: No knock provision justified by defendant’s arrest record for firearms and violence, despite no convictions"},"content":{"rendered":"

The tip of defendant being a \u201cman of violence\u201d with guns in the house was sufficiently corroborated by defendant\u2019s arrest (no convictions) record to support a no-knock provision in the warrant. Braun v. State<\/a>, 324 Ga. App. 242, 747 S.E.2d 872 (2013):<\/p>\n

<\/p>\n

… Blanket provisions based on the generalized experience of the officer seeking the warrant do not authorize no-knock provisions. Id. An affidavit based on the general ease of destroying drug evidence and the officer’s experience is also insufficient, as is the mere fact that the warrant is being issued in a felony drug investigation. Id. at 18-19. The magistrate must perform a neutral evaluation of each case’s particular facts and circumstances.<\/p>\n

The trial court held that the GA(1)(1) probable cause from Braun’s prior arrests for battery and possession of a firearm \u201ccarrie[d] over to this case.\u201d Because those arrests were supported by probable cause, the officer had \u201cprobable cause to suspect that [Braun] was a man of violence with firearms\u201d who might harm officers if they knocked before entering his residence, and the magistrate could thus consider his arrest record. These facts provided a sufficient basis for the trial court’s holding that the inclusion of a no-knock provision in the warrant was reasonable under the circumstances, and the court did not err in denying Braun’s motion to suppress. Cook, 255 Ga. App. at 579-580.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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