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Georgia
criminal law
What is considered “in range”?
I was charged with “possession of a weapon in the commission of a felony”. – Neighbor’s teenager said I tried to run over my fiancé.
When the police arrived I was in my vehicle, they asked if I had any guns and after a moment I remembered there was a handgun in a 31 zippered pocket down on the passenger side (at the very bottom of the pocket that was quite a challenge.) I have a valid CCP. I was in the driver’s seat. I couldn’t reach the bag without bending down, rolling over some and moving a few boxes of cereal that were on top.
2
lawyer answers
A: “Under Chimel’s ‘wingspan’ constraint, a search incident is limited to within the lunge, within reach, within the grasp of the arrestee – the area “which may well be considered an extension of his person” – the area , in which the detainee could take up arms or destroy evidence.” “).
A: I agree with my colleague and without more details that provide clarity and context it’s difficult to give you an answer. It’s important to consult an attorney who can go through the specifics of your case and see it in light of what the law says.
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-The Upshaw Law Firm, (770) 240-0922.
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