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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 17. CRIMINAL PROCEDURE |
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Chapter 5. SEARCHES AND SEIZURES |
| Article 1. SEARCHES WITHOUT WARRANTS |
| Article 2. SEARCHES WITH WARRANTS |
| Article 3. DISPOSITION OF PROPERTY SEIZED |
| Article 4. INVESTIGATING SEXUAL ASSAULT |
| Article 5. IMMIGRANTS |
REFS & ANNOS
TITLE 17 Chapter 5 NOTE
CROSS REFERENCES. --Procedure for use of electronic devices by law enforcement officers to intercept wire or oral transmissions, § 16-11-64. Emergency situations; application for an investigative warrant, § 16-11-64.3.
U.S. CODE. --Search and seizure, Federal Rules of Criminal Procedure, Rule 41.
LAW REVIEWS. --For article discussing past and present trends in the admissibility of illegally obtained evidence in Georgia criminal trials and advocating a state exclusionary rule, see 11 Ga. L. Rev. 105 (1976). For annual survey of criminal law and procedure, see 35 Mercer L. Rev. 103 (1983).
JUDICIAL DECISIONS
WARRANT ISSUED ONLY FOR AUTHORIZED SEARCHES. --Search warrant may be issued only for searches authorized at common law or by statute. Johnson v. State, 111 Ga. App. 298, 141 S.E.2d 574 (1965).
CRIMINAL ENTERPRISES NOT CONSTITUTIONALLY PROTECTED FROM GOVERNMENT AGENTS. --While U.S. Const., amend. 4 protects reasonable expectations of privacy, and while the use of deception by a government agent to gain access to a protected area may certainly result in an unlawful invasion of that privacy, the Constitution does not protect persons who engage in criminal transactions from the risk that those with whom they choose to do business may be government agents or informants. Shuman v. State, 155 Ga. App. 300, 271 S.E.2d 18 (1980).
When the home is converted into a commercial center to which outsiders are invited for purposes of transacting unlawful business, that business is entitled to no greater sanctity than if the business were carried on in a store, a garage, a car, or on the street. A government agent, in the same manner as a private person, may accept an invitation to do business and may enter upon the premises for the very purposes contemplated by the occupant. Shuman v. State, 155 Ga. App. 300, 271 S.E.2d 18 (1980).
AUTHORIZED SEARCH WHEN PARENT WITH JOINT ACCESS. --Parent's joint access and unhindered control over the room authorized the trial court to conclude that the parent had common authority over the room searched by the officers and a sufficient relationship to the premises to consent to the search. Smith v. State, 264 Ga. 87, 441 S.E.2d 241 (1994).
RESEARCH REFERENCES
AM. JUR. 2D. --68 Am. Jur. 2d, Searches and Seizures, § 1 et seq.
C.J.S. --79 C.J.S., Searches and Seizures, § 1 et seq.
ALR. --Constitutional guarantees against unreasonable searches and seizures as applied to search for or seizure of intoxicating liquor, 3 ALR 1514; 13 ALR 1316; 27 ALR 709; 39 ALR 811; 41 ALR 1539; 74 ALR 1418.
Federal Constitution as a limitation upon the powers of the states in respect to search and seizure, 19 ALR 644.
Civil liability for improper issuance of search warrant or proceedings thereunder, 45 ALR 605.
Right of search and seizure incident to lawful arrest, without a search warrant, 51 ALR 424; 74 ALR 1387; 82 ALR 782.
Search of automobile without a warrant by officers relying on description of persons suspected of a crime, 60 ALR 299.
Right to search or seize vehicle containing contraband as affected by the fact that it was stationary at the time, 61 ALR 1002.
Admissibility of evidence obtained by illegal search and seizure, 134 ALR 819; 150 ALR 566; 50 ALR2d 531.
Previous illegal search for or seizure of property as affecting validity of subsequent search warrant or seizure thereunder, 143 ALR 135.
Sufficiency of affidavit for search warrant based on affiant's belief, based in turn on information, investigation, etc., by one whose name is not disclosed, 14 ALR2d 605.
Propriety and legality of issuing only one search warrant to search more than one place or premises occupied by same person, 31 ALR2d 864.
Authority to consent for another to search or seizure, 31 ALR2d 1078.
Opening, search, and seizure of mail, 61 ALR2d 1282.
Nature of interest in, or connection with, premises searched as affecting standing to attack legality of search, 78 ALR2d 246.
Censorship and evidentiary use of unconvicted prisoners' mail, 52 ALR3d 548.
Effect of abolition of capital punishment on procedural rules governing crimes punishable by death -- post-Furman decisions, 71 ALR3d 453.
Admissibility of evidence discovered in search of defendant's property or residence authorized by defendant's spouse (resident or nonresident) -- state cases, 1 ALR4th 673.
Adequacy of defense counsel's representation of criminal client regarding search and seizure issues, 12 ALR4th 318.
Sufficiency of showing of reasonable belief of danger to officers or others excusing compliance with "knock and announce" requirement -- state criminal cases, 17 ALR4th 301.
Use, in attorney or physician disciplinary proceeding, of evidence obtained by wrongful police action, 20 ALR4th 546.
Searches and seizures: reasonable expectation of privacy in contents of garbage or trash receptacle, 28 ALR4th 1219.
Searches and seizures: validity of searches conducted as condition of entering public premises -- state cases, 28 ALR4th 1250.
Validity of, and admissibility of evidence discovered in, search authorized by judge over telephone, 38 ALR4th 1145.
Propriety of state or local government health officer's warrantless search -- post Camara cases, 53 ALR4th 1168.
Books, documents, or other papers: seizure under search warrant not describing such items, 54 ALR4th 391.
Sufficiency of description in warrant of person to be searched, 43 ALR5th 1.
Admissibility of evidence discovered in search of adult defendant's property or residence authorized by defendant's minor child--state cases, 51 ALR5th 425.
Admissibility of evidence discovered in search of defendant's property or residence authorized by defendant's adult relative other than spouse--state cases, 55 ALR5th 125.
U.S. CODE. --Search and seizure, Federal Rules of Criminal Procedure, Rule 41.
LAW REVIEWS. --For article discussing past and present trends in the admissibility of illegally obtained evidence in Georgia criminal trials and advocating a state exclusionary rule, see 11 Ga. L. Rev. 105 (1976). For annual survey of criminal law and procedure, see 35 Mercer L. Rev. 103 (1983).
JUDICIAL DECISIONS
WARRANT ISSUED ONLY FOR AUTHORIZED SEARCHES. --Search warrant may be issued only for searches authorized at common law or by statute. Johnson v. State, 111 Ga. App. 298, 141 S.E.2d 574 (1965).
CRIMINAL ENTERPRISES NOT CONSTITUTIONALLY PROTECTED FROM GOVERNMENT AGENTS. --While U.S. Const., amend. 4 protects reasonable expectations of privacy, and while the use of deception by a government agent to gain access to a protected area may certainly result in an unlawful invasion of that privacy, the Constitution does not protect persons who engage in criminal transactions from the risk that those with whom they choose to do business may be government agents or informants. Shuman v. State, 155 Ga. App. 300, 271 S.E.2d 18 (1980).
When the home is converted into a commercial center to which outsiders are invited for purposes of transacting unlawful business, that business is entitled to no greater sanctity than if the business were carried on in a store, a garage, a car, or on the street. A government agent, in the same manner as a private person, may accept an invitation to do business and may enter upon the premises for the very purposes contemplated by the occupant. Shuman v. State, 155 Ga. App. 300, 271 S.E.2d 18 (1980).
AUTHORIZED SEARCH WHEN PARENT WITH JOINT ACCESS. --Parent's joint access and unhindered control over the room authorized the trial court to conclude that the parent had common authority over the room searched by the officers and a sufficient relationship to the premises to consent to the search. Smith v. State, 264 Ga. 87, 441 S.E.2d 241 (1994).
RESEARCH REFERENCES
AM. JUR. 2D. --68 Am. Jur. 2d, Searches and Seizures, § 1 et seq.
C.J.S. --79 C.J.S., Searches and Seizures, § 1 et seq.
ALR. --Constitutional guarantees against unreasonable searches and seizures as applied to search for or seizure of intoxicating liquor, 3 ALR 1514; 13 ALR 1316; 27 ALR 709; 39 ALR 811; 41 ALR 1539; 74 ALR 1418.
Federal Constitution as a limitation upon the powers of the states in respect to search and seizure, 19 ALR 644.
Civil liability for improper issuance of search warrant or proceedings thereunder, 45 ALR 605.
Right of search and seizure incident to lawful arrest, without a search warrant, 51 ALR 424; 74 ALR 1387; 82 ALR 782.
Search of automobile without a warrant by officers relying on description of persons suspected of a crime, 60 ALR 299.
Right to search or seize vehicle containing contraband as affected by the fact that it was stationary at the time, 61 ALR 1002.
Admissibility of evidence obtained by illegal search and seizure, 134 ALR 819; 150 ALR 566; 50 ALR2d 531.
Previous illegal search for or seizure of property as affecting validity of subsequent search warrant or seizure thereunder, 143 ALR 135.
Sufficiency of affidavit for search warrant based on affiant's belief, based in turn on information, investigation, etc., by one whose name is not disclosed, 14 ALR2d 605.
Propriety and legality of issuing only one search warrant to search more than one place or premises occupied by same person, 31 ALR2d 864.
Authority to consent for another to search or seizure, 31 ALR2d 1078.
Opening, search, and seizure of mail, 61 ALR2d 1282.
Nature of interest in, or connection with, premises searched as affecting standing to attack legality of search, 78 ALR2d 246.
Censorship and evidentiary use of unconvicted prisoners' mail, 52 ALR3d 548.
Effect of abolition of capital punishment on procedural rules governing crimes punishable by death -- post-Furman decisions, 71 ALR3d 453.
Admissibility of evidence discovered in search of defendant's property or residence authorized by defendant's spouse (resident or nonresident) -- state cases, 1 ALR4th 673.
Adequacy of defense counsel's representation of criminal client regarding search and seizure issues, 12 ALR4th 318.
Sufficiency of showing of reasonable belief of danger to officers or others excusing compliance with "knock and announce" requirement -- state criminal cases, 17 ALR4th 301.
Use, in attorney or physician disciplinary proceeding, of evidence obtained by wrongful police action, 20 ALR4th 546.
Searches and seizures: reasonable expectation of privacy in contents of garbage or trash receptacle, 28 ALR4th 1219.
Searches and seizures: validity of searches conducted as condition of entering public premises -- state cases, 28 ALR4th 1250.
Validity of, and admissibility of evidence discovered in, search authorized by judge over telephone, 38 ALR4th 1145.
Propriety of state or local government health officer's warrantless search -- post Camara cases, 53 ALR4th 1168.
Books, documents, or other papers: seizure under search warrant not describing such items, 54 ALR4th 391.
Sufficiency of description in warrant of person to be searched, 43 ALR5th 1.
Admissibility of evidence discovered in search of adult defendant's property or residence authorized by defendant's minor child--state cases, 51 ALR5th 425.
Admissibility of evidence discovered in search of defendant's property or residence authorized by defendant's adult relative other than spouse--state cases, 55 ALR5th 125.