The Fourth Amendment to the United States Constitution and Article I, Section I, Paragraph XIII of the Georgia Constitution protect individuals from unreasonable searches and seizures. Both provisions emphasize the importance of protecting privacy and limiting government intrusion. While these protections work in tandem, Georgia’s approach offers other distinctions for Defendants that you should be aware of when confronting criminal charges in the State of Georgia.
Georgia law provides safeguards against improper searches through O.C.G.A. § 17-5-30. This statute establishes a clear mechanism for suppressing evidence obtained unlawfully. A Georgia citizen who is subject to an unlawful search and seizure may move the Court for the return of their property and suppression of the evidence obtained:
- This occurs when the search and seizure without a warrant was illegal.
- It can also occur when a search pursuant to a warrant was illegal because the warrant was insufficient on its face, there was not probable cause for the warrant to be issued, or the warrant was illegally executed.
- The burden of proof falls on the state to demonstrate that a search was lawful—not on you to prove it was unlawful.
- If your motion is granted, then the evidence becomes inadmissible at trial; this can significantly strengthen your position in your Georgia criminal defense case.
- Preparing and filing of all legal paperwork
- Continuous up-to-date legal counsel
- Locating and communicating with those involved in a private adoption or an appropriate adoption agency
- Negotiating conditions and terms of the adoption
- Representing client at all court appearances
Another aspect of unlawful searches and seizures in Georgia is our state’s approach to the exclusionary rule. Unlike federal courts, Georgia does not recognize a “good-faith exception” to this rule. Harvey v. State, 217 Ga. App. 776 (1995). What does this mean for your criminal defense in Georgia? Even if law enforcement acted in good faith while relying on a defective warrant, the evidence obtained through an improper search can still be suppressed in Georgia courts. This stricter standard provides greater protection for Georgia residents than what’s available under federal law. It can be utilized to leverage an advantage when facing Georgia criminal charges.
While the exclusionary rule does have limitations—its primary purpose is to deter future misconduct rather than to address past violations. Georgia courts have consistently upheld these protections, and Georgia’s framework remains one of the strongest in the nation for protecting individuals against improper searches.
However, Georgia citizens should also be aware of when warrantless searches can occur under Georgia law. When it comes to warrantless searches in Georgia, the law maintains a careful balance between individual privacy rights and public safety. At Cowan Law, we find that understanding these nuances is essential for our clients.
The Fourth Amendment and Article I, Section I, Paragraph XIII of the Georgia Constitution establish a fundamental principle: searches without a warrant are presumed unreasonable. However, several well-defined exceptions exist that permit law enforcement officers and state actors to conduct searches without first obtaining a warrant:
- One significant exception is consent. If an individual freely and voluntarily agrees to a search, then officers may proceed without a warrant. The courts evaluate consent based on the totality of circumstances, and the burden falls on the State to prove that consent was validly obtained. State v. Jacobs, 342 Ga. App. 476 (2017).
- Another important exception involves Georgia DUI cases. Georgia’s implied consent statute (O.C.G.A. § 40-5-55) creates a framework where drivers are deemed to have consented to chemical testing when arrested for DUI or involved in serious traffic accidents. This statutory scheme allows for testing based on probable cause, even without other exigent circumstances.
- Other exceptions include searches conducted during lawful arrests and those performed under exigent circumstances—situations demanding immediate action to prevent evidence destruction or address pressing safety concerns.
In all warrantless search cases, the State bears the burden of proving the search’s validity. This places the onus on law enforcement to demonstrate that their actions fell within recognized exceptions rather than requiring citizens to prove that their rights were violated.
At Cowan Law, we can thoroughly analyze police reports and search warrant documentation for potential violations; file strategic motions to suppress evidence obtained through improper searches; and cross-examine law enforcement officers about their search and seizure procedures that were utilized in your case. Please contact us today if you feel you have been the subject of an improper or illegal search and seizure in Georgia.
