Caffee v. Georgia
Annotate this CaseThe Georgia Supreme Court granted certiorari to consider whether the warrantless search of Richard Caffee resulting in the discovery of marijuana was authorized by an exception to the Fourth Amendment’s warrant requirement. The Court of Appeals concluded that the warrantless search was permissible because it was supported by probable cause to believe that marijuana would be found on Caffee. “Absent consent, probable cause generally is a necessary condition to support a warrantless search of a person, but it is not by itself sufficient; a warrantless search must also fall within a recognized exception to the warrant requirement.” To the extent the Court of Appeals suggested otherwise, the Supreme Court determined it was wrong. Nevertheless, the Supreme Court affirmed because the warrantless search was permissible as a search incident to arrest (even though it preceded the formal arrest) as the police officer had developed probable cause to arrest Caffee for possession of marijuana before conducting the search.
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