A Georgia attorney will argue in front of the Georgia Supreme Court later today to fight on behalf of illegal searches and property seizures. Authorities used advanced technologies to illegally seize evidence and charge his client as a marijuana cultivator.
Said law enforcement made use of a thermal image device to locate a ‘hot-spot’ in the home of James Brundige’s. Authorities used this evidence in the case and stated the ‘hot-spot’ detected was probably a result of hi-intensity lights used for marijuana cultivation.
After a search warrant was issued, a Georgia taskforce invaded the home of Brundige’s, and found an indoor marijuana cultivation grow-op. Brundige’s was later charged with the manufacture of marijuana with the intent to distribute.
After a non-guilty plea, his attorney — Public Defender Benjamin Pearlman is seeking to dismiss their case arguing the seized evidence e was obtained illegally. Should a supposed ‘hot-spot’ justify a search warrant?
A search warrant is issued to search for specific item, something tangible that one can analyze and touch – Would a reading from a device warrant a warrant? A reading from a machine that reveals heat…I don’t think that can be held or touched.
Pearlman says, ”Logically, search warrants are sought by officers to enable them to search for and seize evidence which would be brought to court and introduced in the course of proving the state’s case against a defendant…..Heat or loss of heat, standing alone, can’t be brought to court for a jury to examine.”
State law says that, “a search warrant may not be issued for anything other than physical, tangible evidence,” but what does tangible entail? This law doesn’t define what tangible means. However the case turns out, leaving the fate of a man to the definition of a word – seems illogical.
“The fate of a man is in his soul and character,”…It shouldn’t be left to the hands of a single word.
…and here is how it works.