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GA: Information about grow house was reasonable suspicion for stop of a truck and trailer coming from a fenced backyard

By John Wesley Hall, Jr.

Officers had developed information that there was a grow house, and they staked it out. From the fenced backyard came a truck and trailer, which they stopped with reasonable suspicion. A drug dog alerted, and 900 lbs of marijuana was found. A search warrant for the premises was based on probable cause and was not based in part on stale information, not to mention the truck just stopped. Prado v. State, 2010 Ga. App. LEXIS 912 (September 29, 2010).* The search of defendant’s car was valid under the inventory policy the government put into evidence. The court could not conclude that the search was a pretext for a criminal search. United States v. Astorga, 2010 U.S. Dist. LEXIS 102421 (D. Utah September 28, 2010).* Officers had qualified immunity for executing a facially valid arrest warrant, despite plaintiff’s truthful assertions that the warrant had been quashed in court the previous day...continue to full post

Full post as published by Fourth Amendment on October 03, 2010 (boomark / email).