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GA: Knock-and-talk consent to enter cannot be granted by mere visitor

By John Wesley Hall, Jr.

Knock-and-talk was conducted without determining who lived in the house and whether the person who answered the door could consent to entry. Consent by a visitor was invalid since he lacked common authority over the premises. The plain view from inside the house after the illegal entry was unreasonable. Hunt v. State, 2010 Ga. App. LEXIS 184 (March 2, 2010). Defendant had no reasonable expectation of privacy in an AA meeting where the police arrested him for DUI. The court of appeals faults the record for not showing whether he had a subjective expectation of privacy [, but that does not seem to be necessary on the facts in the opinion because there was none]. State v. Ashworth, 2010 Ida. App. LEXIS 13 (March 1, 2010).* “The trial court correctly concluded that the blood draw was administered in a medically acceptable manner without unreasonable force...continue to full post

Full post as published by Fourth Amendment on March 05, 2010 (boomark / email).