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GA: Police could photograph area where they were admitted by consent even though consent to search was denied

By John Wesley Hall, Jr.

Defendants' consent came after the basis for the stop had been completed but they were not permitted to leave. Trial court's grant of motion to suppress affirmed. State v. Felton, 2009 Ga. App. LEXIS 347 (March 26, 2009).* Police entered by consent but consent to search was denied. They could photograph what they could see during that entry. Lord v. State, 2009 Ga. App. LEXIS 349 (March 26, 2009).* Search incident of the couch defendant was found lying on when he was arrested was permissible. Gray v. State, 2009 Ga. App. LEXIS 374 (March 24, 2009).* Officer had reasonable suspicion to continue to detain defendant because of the odor of alcohol. People v. Baldwin, 2009 Ill. App. LEXIS 131 (March 23, 2009)*: Thus, police conduct occurring during an otherwise lawful seizure does not render the seizure unlawful unless it either unreasonably prolongs the duration of the detention or independently triggers the fourth amendment...continue to full post

Full post as published by Fourth Amendment on March 30, 2009 (boomark / email).