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Criminal Law

: Fourth Amendment

GA: Officers on premises with a SW could photograph what they see in plain view

By John Wesley Hall, Jr.

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Officers on the premises with a search warrant could photograph what was then in plain view, despite the argument that it was outside the search warrant. In the Interest of R. H., 2011 Ga. App. LEXIS 71 (February 9, 2011). A drug transaction outside the house, and then the defendant returning to the house is nexus to the house for drugs. United States v. Ellison, 2011 U.S. App. LEXIS 2614, 2011 FED App. 0050P (6th Cir. February 11, 2011).* Plaintiff’s car was subjected to a drug dog sniff by a tribal police officer working on a casino parking lot, and drugs were found. He was convicted. His suit against the tribal police department was framed in such a way it was barred by Heck. Johnson v. Pottawotomie Tribal Police Dep't, 2011 U.S. App...continue to full post

Full post as published by Fourth Amendment on February 14, 2011 (boomark / email).

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