Legal Question in Constitutional Law in Georgia

Re: Search Warrants...''Knock and Talk'' investigations

Get a lawyer: this sort of question cannot be answered on a legal website! There are simply too many unknowns, and even if all the fact were here, it really depends upon your case history.

Re: Search Warrants...''Knock and Talk'' investigations

Police who have a valid search warrant are neither required nor expected to ignore evidence of other crimes which they happen to see during a proper investigation. That seems to be what happened here.

The fact that the crime charged in your case is different from what was alleged in the warrant is irrelevant provided that the warrant was obtained properly and was drafted correctly.

Re: Search Warrants...''Knock and Talk'' investigations

It certainly would appear that you need an attorney to help you sort out this mess. While it is always a good idea to challenge the search warrant, police operating under the color of a technically sufficient search warrant are assumed to be to within the constitutional limitations imposed by the 4th amendment. This is so even where the search warrant is later to be determined insufficient on probable cause grounds, unless it is so insufficient that the police office should have known the warrant was defective or such as where the warrant is defective on its face. That is to say as long as the officer possessed the "good faith" belief the warrant was valid any evidence under it will be admitted, i.e., the so-called "good faith exception." But it also appeared to me that the police will also argue the search was conducted after consent was given. Consent is always a valid ground for defending a search, even w/o a warrant. A tip for next time: If you do not, for whatever reason you may have, wish to talk to the police when they knock on your door, then DO NOT answer the door--certainly dont do it when there is a bong sitting on the table in front of the door. You have no legal obligation to do so. Although the police will make you think you do. If the police have a warrant they will announce that fact and gain entry with force if needed. You need a lawyer very much. Consult with one as soon as you can. Good luck.