Legal Question in Criminal Law in Georgia
Search and seizure
If the police enter a back yard through an unlocked gate, to stop a fight between two thirteen year old boys, then find plastic bags of white powder. Does this constitute plain view as they did not touch it and it was on a patio table?
Asked on 10/03/08, 10:44 pm
1 Answer from Attorneys
Daniel Duello
Garrett, Gilliard & Saul
Re: Search and seizure
As long as it was in plain view from a place they were allowed to go. Now if after the fight they go onto the porch and snoop around, you might have an issue. But if they could see it from where they broke up the fight, I think it's legit.
Answered on 10/06/08, 8:54 am
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