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Jalim Hamlettv.The State

CourtCourt of Appeals of Georgia
Docket No.A13A0882
DecidedJuly 16, 2013
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentDigital EvidenceSearch and SeizureSearch WarrantProbable CauseTraffic StopMotion to SuppressReversalDissent
Case Summary

Jalim and Salim Hamlett were convicted after a joint trial for burglary and possession of tools for a crime; Jalim also was convicted of two traffic offenses. Police had secretly installed a GPS device on Jalim’s truck and monitored its movements for more than two weeks before stopping it during a burglary investigation. The Georgia Court of Appeals held that installing and continuously monitoring the device was a Fourth Amendment search under United States v. Jones and required a warrant supported by probable cause. The detective’s affidavit did not establish a sufficient connection between Jalim, his truck, and the earlier burglaries. It relied on stale or unverified information, and the State failed to carry its burden of showing the warrant was lawful. Evidence obtained by exploiting the illegal GPS search therefore had to be suppressed. The court reversed the burglary and possession-of-tools convictions of both brothers. It affirmed Jalim’s misdemeanor tag and brake-light convictions, which rested on observations independent of the GPS evidence. Judges Andrews, Dillard, and Ray dissented, concluding that the affidavit and the officers’ information established probable cause and that the traffic stop and detention were lawful.

Opinion

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