An alert from Atlanta’s automatic license plate recognition (LPR) system that the owner of a car had an arrest warrant justifies a stop. Defendant was found to have consented thereafter. Rodriguez v. State, 2013 Ga. App. LEXIS 364 (April 12, 2013).
Officers had an anonymous complaint that people were smoking marijuana in an apartment, so they [apparently having nothing better do to with their time] decided to do a knock-and-talk. When the door was opened, a cloud of marijuana smoke came out. The police entered and found marijuana on the coffee table. The trial court suppressed because it clearly didn’t like knock-and-talks, but the procedure is clearly constitutional. State v. Able, 2013 Ga. App. LEXIS 359 (April 24, 2013).*
The adult half-sister of a mute and autistic girl who was suspected of being sexually abused by her grandfather had vicarious and implied authority to plant a video recorder in the bedroom to record the girl’s interaction with others. Defendant clearly had a reasonable expectation of privacy in the bedroom he was using for Fourth Amendment purposes [not that this is anything but a private search; for REP is important for the eavesdropping statute] but vicarious consent is recognized under the eavesdropping statute. Commonwealth v. F.W., 2013 Mass. LEXIS 239 (April 24, 2013).
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