Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

GA: Audio of co-occupant's consent showed it was voluntary

By John Wesley Hall, Jr.

Defendant was accused of beating a woman with a tree limb, and the police responded. He was in his house showering, and they were able to determine where he was. They were admitted by a co-occupant and had audio of the consent which showed it was voluntary. Evidence of the beating was found inside. Brown v. State, 2010 Ga. LEXIS 844 (November 8, 2010).* The defendant’s shop in an outbuilding was not specifically named in the search warrant, but it was included within the warrant because it was a regularly used part of the household. Mere ministerial defects in the return did not invalidate the execution of the warrant. United States v. Wilkerson, 2010 U.S. Dist. LEXIS 117964 (M.D. Ala. August 18, 2010).* Defendant was tasered by the officer after he refused to submit to arrest and fled from the stop with an assault rifle in hand...continue to full post

Full post as published by Fourth Amendment on November 12, 2010 (boomark / email).