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GA: Arrest for loitering in a parking lot did not justify search of nearby car

By John Wesley Hall, Jr.

Defendant and a companion were seen in a parking lot peering into cars and checking door handles. The officer stopped and talked to them about what they were doing and arrested for loitering. The officer located their car and searched it. They were nowhere near the car so a search of the car was invalid. Holsey v. State, 2010 Ga. App. LEXIS 864 (September 14, 2010).* Defendant was stopped for a traffic offense and $4,280 was found in his pocket and a small quantity of cocaine in the console. The state failed in its burden of proving that the money was from the sale of drugs; the defendant did not have to prove anything. Williams v. State, 2010 Ala. Civ. App. LEXIS 69 (March 12, 2010), Released for Publication August 2, 2010. None of defendant’s 2255 hypertechnical Fourth Amendment IAC claims would have changed the outcome...continue to full post

Full post as published by Fourth Amendment on September 17, 2010 (boomark / email).