George v. Georgia
Annotate this CaseHarold George was convicted by jury of two counts of child molestation and related offenses. He appealed to the Georgia Court of Appeals, which affirmed his convictions in an unpublished opinion. In addressing one of George’s four enumerations of error, the Court of Appeals rejected his argument that the search of his home exceeded the scope of the relevant search warrant, agreeing with the trial court that “[t]he police officers were not compelled to overlook relevant evidence simply because it was not specifically listed in the search warrant.” Both the trial court and the Court of Appeals cited Walsh v. Georgia, 512 SE2d 408 (1999), for this proposition. The Georgia Supreme Court determined both the appellate and trial courts did not use the correct legal standard for a constitutional Fourth Amendment challenge to the seizure of evidence beyond the scope of a search warrant. The Court therefore vacated the relevant part of the Court of Appeals’ judgment and remand this case for further proceedings.
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