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GA: State failed to prove SW at suppression hearing; hearsay alone about its alleged existence no good

By John Wesley Hall, Jr.

State failed to prove existence of a search warrant for this search. The officer testified that he heard there was one, but that sole evidence, which was hearsay, was insufficient to prove the existence of a search warrant. Sosebee v. State, 2010 Ga. App. LEXIS 232 (March 10, 2010). This juvenile was moving around in the backseat during a traffic stop, and the officer asked her for the contents of her pockets and then she consented to a search of her cigarette pack. The removal of the cigarette pack was with reasonable suspicion and the search was by consent. In re A. T., 2010 Ga. App. LEXIS 218 (March 9, 2010).* 911 caller about a shooting gave information that was from personal observation and she described a person fleeing, and the defendant was stopped because he matched the description...continue to full post

Full post as published by Fourth Amendment on March 11, 2010 (boomark / email).