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Arrest warrant for probationer gave authority to enter to look, despite defendant's claims probationer had moved

By John Wesley Hall, Jr.

When a deputy serving an arrest warrant on a probationer had reason to believe from the warrant that the probationer resided at the address given, he had the limited authority to enter the home to search for the probationer after defendant said that the probationer had moved. Once inside, he had the authority to seize marijuana in plain view. Wall v. State, 2008 Ga. App. LEXIS 465 (April 24, 2008).* Trial court erred in imposing any burden on the defendant to show that consent was not voluntary after expressing doubts about the credibility of the two officers involved in defendant's stop on a bicycle and their request for consent. After the officers testified, the trial court assumed the burden shifted. It alway remains with the state to show voluntariness on the totality of circumstances...continue to full post

Full post as published by Fourth Amendment on April 26, 2008 (boomark / email).