Georgia Supreme Court to rule on legality of infrared searches
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June 14, 2012
Atlanta, Georgia: On June 11, 2012 the Georgia Supreme Court heard arguments from Athens public defender Benjamin Pearlman about the legality of infrared searches.[1][2][3]
On May 29, 2009, a search warrant was granted by a Georgia judge on the basis of a hot spot on an infrared scan, which authorities said indicated a indoor marijuana farm in suspect James Brundige’s garage.[1] The warrant was executed by the Northeast Georgia Regional Drug Task Force, and the marijuana growing operation was found where authorities had indicated it would be located. At issue is whether or not this infrared scan, which was done after the issuance of a warrant specifically allowing an infrared search, is a legal search. Also at issue is whether or not the findings of an infrared search are sufficient to constitute a physical search.[3]
Pearlman's argument has thus far been defeated in the Superior Court and in the Georgia Court of Appeals.[2] Bunridge's trial will proceed after the ruling of the Supreme Court, which is expected in four to six months.[3]
Footnotes
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