2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 5 - Searches and Seizures

- 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.

Display of identification in electronic format is not consent to search, § 40-5-106

- Search and seizure, Federal Rules of Criminal Procedure, Rule 41.

- 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).

- 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).

- 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.

- 79 C.J.S., Searches and Seizures, § 1 et seq.

- Constitutional guarantees against unreasonable searches and seizures as applied to search for or seizure of intoxicating liquor, 3 A.L.R. 1514; 13 A.L.R. 1316; 27 A.L.R. 709; 39 A.L.R. 811; 41 A.L.R. 1539; 74 A.L.R. 1418.

Federal Constitution as a limitation upon the powers of the states in respect to search and seizure, 19 A.L.R. 644.

Civil liability for improper issuance of search warrant or proceedings thereunder, 45 A.L.R. 605.

Right of search and seizure incident to lawful arrest, without a search warrant, 51 A.L.R. 424; 74 A.L.R. 1387; 82 A.L.R. 782.

Search of automobile without a warrant by officers relying on description of persons suspected of a crime, 60 A.L.R. 299.

Right to search or seize vehicle containing contraband as affected by the fact that it was stationary at the time, 61 A.L.R. 1002.

Admissibility of evidence obtained by illegal search and seizure, 134 A.L.R. 819; 150 A.L.R. 566; 50 A.L.R.2d 531.

Previous illegal search for or seizure of property as affecting validity of subsequent search warrant or seizure thereunder, 143 A.L.R. 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 A.L.R.2d 605.

Propriety and legality of issuing only one search warrant to search more than one place or premises occupied by same person, 31 A.L.R.2d 864.

Authority to consent for another to search or seizure, 31 A.L.R.2d 1078.

Opening, search, and seizure of mail, 61 A.L.R.2d 1282.

Nature of interest in, or connection with, premises searched as affecting standing to attack legality of search, 78 A.L.R.2d 246.

Censorship and evidentiary use of unconvicted prisoners' mail, 52 A.L.R.3d 548.

Effect of abolition of capital punishment on procedural rules governing crimes punishable by death - post-Furman decisions, 71 A.L.R.3d 453.

Admissibility of evidence discovered in search of defendant's property or residence authorized by defendant's spouse (resident or nonresident) - state cases, 1 A.L.R.4th 673.

Adequacy of defense counsel's representation of criminal client regarding search and seizure issues, 12 A.L.R.4th 318.

Sufficiency of showing of reasonable belief of danger to officers or others excusing compliance with "knock and announce" requirement - state criminal cases, 17 A.L.R.4th 301.

Use, in attorney or physician disciplinary proceeding, of evidence obtained by wrongful police action, 20 A.L.R.4th 546.

Searches and seizures: reasonable expectation of privacy in contents of garbage or trash receptacle, 28 A.L.R.4th 1219.

Searches and seizures: validity of searches conducted as condition of entering public premises - state cases, 28 A.L.R.4th 1250.

Validity of, and admissibility of evidence discovered in, search authorized by judge over telephone, 38 A.L.R.4th 1145.

Propriety of state or local government health officer's warrantless search - post Camara cases, 53 A.L.R.4th 1168.

Books, documents, or other papers: seizure under search warrant not describing such items, 54 A.L.R.4th 391.

Sufficiency of description in warrant of person to be searched, 43 A.L.R.5th 1.

Admissibility of evidence discovered in search of adult defendant's property or residence authorized by defendant's minor child - state cases, 51 A.L.R.5th 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 A.L.R.5th 125.

Permissibility Under Fourth Amendment of Detention of Motorist by Police, Following Lawful Traffic Stop, to Investigate, by Means Other Than Canine Sniff, Other Matters and Admissibility of Evidence Gained Thereby - Federal Cases Post Rodriguez v. U.S., 53 A.L.R. Fed. 3d 8.