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GA: Bloody shoes seen during execution of an assault and false imprisonment SW could not be ignored; DNA not suppressed

By John Wesley Hall, Jr.

Officers execution a search warrant in an aggravated assault and false imprisonment case saw a pair of tennis shoes with apparent blood on them. The bloody shoes were in plain view for a seizure. Bryant v. State, 2010 Ga. App. LEXIS 551 (June 17, 2010).* Defendant turned off his flashers and was driving on the shoulder when the officer stopped him. The stop was still reasonable under the community caretaking function. State v. Organ, 2010 Ariz. App. LEXIS 100 (June 17, 2010)*: P18 Based on the facts known to Officer Lamb at the time of the stop, it was reasonable for him to believe Defendant was having some emergency or trouble, that Defendant may have needed assistance and that a welfare check was necessary. Although Defendant's vehicle was no longer at a complete stop, because Defendant was driving slowly on the shoulder of the road for some distance, Officer Lamb's cause for concern was not alleviated...continue to full post

Full post as published by Fourth Amendment on June 20, 2010 (boomark / email).