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Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court
by Douglas Ankney
In a case of first impression for the Supreme Court of Georgia, it held that an unreasonable delay in obtaining a search warrant after items were lawfully seized requires suppression of the evidence.
In December 2015, police seized from Jennifer and Joseph Rosenbaum their iPhones, iPad, and ...
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More from this issue:
- News in Brief
- Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles, by Douglas Ankney
- Criticizing Cops is a Criminal Act in Many States, by Edward Lyon
- Illinois Data Collection Law Set to Expire; Collected Data Reveal Police Target Black and Latino Drivers, by Douglas Ankney
- The Many Pitfalls Associated With Police Lineups, by Edward Lyon
- Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation, by Derek Gilna
- If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer, by Douglas Ankney
- Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder
- New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail, by David Reutter
- Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez, by Chad Marks
- Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits
- Don’t Shoot the Dogs: The Growing Epidemic of Cops Shooting Family Dogs, by John W. Whitehead
- Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed, by Dale Chappell
- Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
- McDNA: The DNA Testing Equivalent to Fast Food, by Edward Lyon
- Kansas Supreme Court Overturns Sentence for Vindictiveness, by Anthony Accurso
- Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment, by Douglas Ankney
- DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases, by Steve Horn
- Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain, by Dale Chappell
- Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI, by Mark Wilson
- Intoxicated Driving Convictions for Non-Drinking Drivers, by Edward Lyon
- Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective, by Edward Lyon
- Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard, by Chad Marks
- Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing, by Dale Chappell
- NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements, by Douglas Ankney
- First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation, by Anthony Accurso
- Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement, by Matthew Clarke
- Knowing Sexual Offense Facts Important; Paying Attention to Them Critical, by Sandy Rozek
- Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause, by Douglas Ankney
- Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts, by Punch & Jurists
- When Prosecuting Crimes by Police, Feds Appear to Move Slowly, by Edward Lyon
- Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court, by Douglas Ankney
- Fourth Circuit: 9-Year Increase in Guidelines Range Due to Misclassification as Career Offender Warrants § 2241 Petition to Be Heard on Merits When § 2255 Relief Unavailable, by David Reutter
- Georgia Supreme Court Says Visually Impaired Defendant Entitled to Appointment of a Reader, by Douglas Ankney
- The Holloway Doctrine and First Step Act: Federal Judge Issues Order Urging Government to Dismiss One of Two 18 U.S.C. §924(c) Stacking Convictions, by Chad Marks
- Portion of Illinois Sex Offender Law is Unconstitutional, by Douglas Ankney
- Third Circuit: Reason for Continuance Must be Given to Exclude Delay from 70-Day Limit of Speedy Trial Act or Dismissal of Indictment, by Douglas Ankney
- First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful, by Douglas Ankney
- Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment, by David Reutter
- Fourth Circuit Rules District Court Must Provide Individualized Rationale When Denying Motion for Sentence Reduction, by Douglas Ankney
- Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas, by Michael Berk
- Misconduct by prosecutors is rampant — how do we deter it?, by Mike Fawer
- Nebraska’s Beatrice Six Will Collect $28.1 Million Jury Award, by Edward Lyon
- Connecticut Supreme Court Rejects Davis and Announces State Constitution Requires Police to Clarify Ambiguous Request for Counsel Before Continuing Interrogation, by Douglas Ankney
- Habeas Hints: Discovery on Habeas Corpus, by Tara Hoveland, Kent Russell
- Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right, by Douglas Ankney
- Prosecutors Dropping Child Porn Charges After Software Tools Are Questioned, by Jack Gillum
More from Douglas Ankney:
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
- Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication, March 15, 2025
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025
- Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct, March 15, 2025
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025
- $100,000 Settlement Reached in New York Prisoner’s Solitary Confinement Suit, After Jury for First Time Finds Practice Violates Eighth Amendment, March 1, 2025
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
More from these topics:
- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024. Search warrants, Warrants, Particularity Requirement, Overbreadth, Warrants - General Search, Digital Devices.
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023. Search warrants, Warrants, Probable Cause, Material Falsehoods, Authorized Persons.
- Federal Judges Beginning to Reject Geofence Warrants, Nov. 15, 2020. Search warrants, Police State-Surveillance, Electronic Surveillance.
- Seventh Circuit Rejects Retaliation Claim Based on Suspicious Timing Alone, Oct. 4, 2020. Retaliation, Searches, Failure to Protect (General), First Amendment, rights.
- Warrant Gives Police Access to DNA Database, March 18, 2020. DNA Testing/Samples, Search warrants.
- New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants, March 18, 2020. Search warrants, Police, Fourth Amendment, rights.
- Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings, Feb. 18, 2020. Search warrants.
- Massachusetts Supreme Judicial Court: When Exit Order is Unlawful, Evidence Obtained from Subsequent Search Must be Suppressed, Feb. 18, 2020. Searches.
- California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case, Feb. 18, 2020. Searches.
- First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags, Jan. 21, 2020. Searches, Fourth Amendment, rights.