2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 5 - Searches and Seizures
Article 1 - Searches Without Warrants
§ 17-5-1. Search Pursuant to Lawful Arrest Authorized

1. When a lawful arrest is effected a peace officer may reasonably search the person arrested and the area within the person's immediate presence for the purpose of:
   1. Protecting the officer from attack;
   2. Preventing the person from escaping;
   3. Discovering or seizing the fruits of the crime for which the person has been arrested; or
   4. Discovering or seizing any instruments, articles, or things which are being used or which may have been used in the commission of the crime for which the person has been arrested.
2. When the peace officer is in the process of effecting a lawful search, nothing in this Code section shall be construed to preclude him from discovering or seizing any stolen or embezzled property, any item, substance, object, thing, or matter, the possession of which is unlawful, or any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible evidence of the commission of a crime against the laws of this state.

(Ga. L. 1966, p. 567, § 1.)

- For survey of 1987 Eleventh Circuit cases on constitutional criminal procedure, see 39 Mercer L. Rev. 1187 (1988). For survey article on criminal law, see 59 Mercer L. Rev. 89 (2007). For note, "Third Party Consent to Search and Seizure: A Reexamination," see 20 J. of Pub. L. 313 (1971).

ANALYSIS

• General Consideration
• Justification for Warrantless Search
• Incidental Seizure of Unrelated Evidence

Campus police and security personnel are peace officers within the meaning of this section and may employ the procedures authorized by those provisions. 1970 Op. Att'y Gen. No. 70-69.

- Individuals who have been granted arrest powers on premises under the jurisdiction of the Board of Regents are authorized to conduct searches. 1969 Op. Att'y Gen. No. 69-172.

22 Am. Jur. Pleading and Practice Forms, Searches and Seizures, § 2.

- Entry and search of premises for purpose of arresting one without search warrant, 5 A.L.R. 263.

Right of search and seizure incident to lawful arrest, without a search warrant, 32 A.L.R. 680; 51 A.L.R. 424; 74 A.L.R. 1387; 82 A.L.R. 782.

Arrest, or search and seizure, without warrant on suspicion or information as to unlawful possession of weapons, 92 A.L.R. 490.

Illustrations of distinction, as regards search and seizure, between papers or other articles which merely furnish evidence of crime, and the actual instrumentalities of crime, 129 A.L.R. 1296.

Search incident to one offense as justifying seizure of instruments of or articles connected with another offense, 169 A.L.R. 1419.

Lawfulness of nonconsensual search and seizure without warrant, prior to arrest, 89 A.L.R.2d 715.

Lawfulness of search of motor vehicle following arrest for traffic violation, 10 A.L.R.3d 314.

Modern status of rule as to validity of nonconsensual search and seizure made without warrant after lawful arrest as affected by lapse of time between, or difference in places of, arrest and search, 19 A.L.R.3d 727.

Search and seizure: "furtive" movement or gesture as justifying police search, 45 A.L.R.3d 581.

Lawfulness of "inventory search" of motor vehicle impounded by police, 48 A.L.R.3d 537.

State or municipal liability for invasion of privacy, 87 A.L.R.3d 145.

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.

Admissibility of evidence discovered in warrantless search of rental property authorized by lessor of such property - state cases, 2 A.L.R.4th 1173.

Lawfulness of warrantless search of purse or wallet of person arrested or suspected of crime, 29 A.L.R.4th 771.

Search and seizure of bank records pertaining to customer as violation of customer's rights under state law, 33 A.L.R.5th 453.

Application of "plain-feel" exception to warrant requirements - state cases, 50 A.L.R.5th 467.

Search and seizure: reasonable expectation of privacy in driveways, 60 A.L.R.5th 1.