A search warrant may be issued only upon the application of an officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws or a currently certified peace officer engaged in the course of official duty, whether said officer is employed by a law enforcement unit of: The state […]
Upon the written complaint of any certified peace officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws and otherwise as authorized in Code Section 17-5-20 under oath or affirmation, which states facts sufficient to show probable cause that a crime is being committed or has been committed […]
A judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference. The issuance of a search warrant by video conference shall be […]
All warrants shall state the time and date of issuance and are the warrants of the judicial officer issuing the same and not the warrants of the court in which he is then sitting. Such warrants need not bear the seal of the court or clerk thereof. The warrant, the complaint on which the warrant […]
The search warrant shall command the officer directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, articles, or things particularly described in the search warrant. History. Ga. L. 1966, p. 567, § 7.
The search warrant shall be issued in duplicate and shall be directed for execution to all peace officers of this state. However, the judicial officer may direct the search warrant to be executed by any peace officer named specially therein. History. Ga. L. 1966, p. 567, § 5. Law reviews. For comment, “Seeking Warrants for […]
The search warrant shall be executed within ten days from the time of issuance. If the warrant is executed, the duplicate copy shall be left with any person from whom any instruments, articles, or things are seized; or, if no person is available, the copy shall be left in a conspicuous place on the premises […]
The search warrant may be executed at any reasonable time. History. Ga. L. 1966, p. 567, § 11.
All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant if, after verbal notice or an attempt in good faith to give verbal notice by the officer directed to execute the same of his authority and purpose: He is refused […]
In the execution of the search warrant the officer executing the same may reasonably detain or search any person in the place at the time: To protect himself from attack; or To prevent the disposal or concealment of any instruments, articles, or things particularly described in the search warrant. History. Ga. L. 1966, p. 567, […]
A written return of all instruments, articles, or things seized shall be made without unnecessary delay before the judicial officer named in the warrant or before any court of competent jurisdiction. An inventory of any instruments, articles, or things seized shall be filed with the return and signed under oath by the officer executing the […]
A defendant aggrieved by an unlawful search and seizure may move the court for the return of property, the possession of which is not otherwise unlawful, and to suppress as evidence anything so obtained on the grounds that: The search and seizure without a warrant was illegal; or The search and seizure with a warrant […]
No search warrant shall be quashed or evidence suppressed because of a technical irregularity not affecting the substantial rights of the accused. History. Ga. L. 1966, p. 567, § 12; Ga. L. 1990, p. 8, § 17.
As used in this Code section, the term “documentary evidence” includes but is not limited to writings, documents, blueprints, drawings, photographs, computer printouts, microfilms, X-rays, files, diagrams, ledgers, books, tapes, audio and video recordings, and papers of any type or description. Notwithstanding any other provision of law, no search and seizure without a warrant shall […]
