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522 S.E.2d 726 Court of Appeals of Georgia September 24, 1999 No. A99A2200
The “automobile exception” provides that a police officer may search a car without a warrant if he has probable cause to believe the car contains contraband, even if there is no exigency preventing the officer from getting a search
in plain view by obtaining a search warrant, obtaining consent to search, or the existence of exigent circumstances. 3 *245 In the instant case, it is undisputed that Detective Brink had neither a warrant nor consent to search
Dyson that the automobile exception to the warrant requirement does not require exigent circumstances. The Fourth Amendment generally requires police to secure a warrant before conducting a search. [Cit.]
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699 S.E.2d 880 Court of Appeals of Georgia August 17, 2010 No. A10A1392
He moved to suppress the suspected cocaine found in his car, contending that the search of his car was invalid because it was not supported by consent, a search warrant, or exigent circumstances.
Under the “automobile exception” to the warrant requirement imposed by the Fourth Amendment, “a police officer may search a car without a warrant if he has probable cause to believe the car contains contraband, even if there is no
or near it and did not have access to it, and the police seized the automobile without a warrant, placed it on a wrecker and hauled it away to be searched at a later date”) (citations omitted); State v.
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727 S.E.2d 243 Court of Appeals of Georgia April 12, 2012 No. A12A0236
Under the automobile exception to the warrant requirement imposed by the Fourth Amendment, a police officer may search a car without warrant if he has probable cause to believe the car contains contraband, even if there is no exigency
preventing the officer from getting a search warrant.
And “[wjhen there is probable cause to search for contraband in a car, it is reasonable for police officers ... to examine packages and containers without a showing of individualized probable cause for each one.” Wyoming v.
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715 S.E.2d 802 Court of Appeals of Georgia August 16, 2011 No. A11A1151
Although the general rule under the Fourth Amendment to the United States Constitution is that police officers must secure a warrant prior to conducting a search, there is an exception to that requirement for the searches of automobiles
. 10 “The automobile exception provides that a police officer may search a car without a warrant if he has probable cause to believe the car contains contraband, even if there is no exigency preventing the officer from getting
a search warrant.” 11 An officer has probable cause to search an automobile when the facts and circumstances before the officer are such as would lead a reasonably discreet and prudent man to believe *408 that the contents
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428 S.E.2d 666 Court of Appeals of Georgia March 8, 1993 No. A92A2353
If it appears that a valid consent was given to search, such consent eliminates the need for either probable cause or a search warrant.
Appellant admitted in open court by affirmative response that he had freely and voluntarily consented to let the police go through his car, that is, “to search [his] car.”
Appellant also testified that as the search was conducted he was left with some other officers behind the police car.
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244 S.E.2d 346 Court of Appeals of Georgia February 14, 1978 Nos. 54893, 54894
S. 1 (88 SC 1868, 20 LE2d 889), the progenitor of the doctrine that a police officer may make "an intrusion short of arrest" where he has "specific and articulable facts" which reasonably warrant such intrusion.
of the law "he may stop the car briefly and investigate the circumstances that provoke suspicion." 422 U.
An automobile in which contraband is concealed and transported may be searched without a warrant if police have probable cause for believing the automobile to be searched contains the contraband. Gondor v. State, 129 Ga.
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692 S.E.2d 766 Court of Appeals of Georgia March 26, 2010 No. A09A1687
According to Lopez, the search of the truck was unconstitutional because the officers did not obtain a warrant. We disagree.
The search was authorized under the automobile exception to the warrant requirement because officers had probable cause to search the pickup truck. See Arizona v. Gant, _ U.
“The automobile exception provides that a police officer may search a car without a warrant if he has probable cause to believe the car contains contraband, even if there is no exigency preventing the officer from getting a search
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179 S.E.2d 286 Court of Appeals of Georgia December 2, 1970 No. 45778
A police officer has a right to arrest without a warrant when he has probable cause to believe a crime is being committed in his presence. Code § 27-207.
search, and, given probable cause, no Fourth Amendment distinction exists between making an immediate search without a warrant or impounding the vehicle until a warrant may be obtained.
, and that the search of the automobile and seizure of its contents in connection with the arrest was not unlawful although without a warrant.
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824 S.E.2d 582 Court of Appeals of Georgia February 19, 2019 No. A18A1922
Finally, once police observed the gun in the car, they had probable cause to search the vehicle.
"Under the automobile exception to the warrant requirement imposed by the Fourth Amendment, a police officer may search a car without warrant if he has probable cause to believe the car contains contraband, even if there is no exigency
preventing the officer from getting a search warrant."
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521 S.E.2d 194 Court of Appeals of Georgia May 24, 1999 No. A99A0211
He asked all the occupants for identification, had them exit the vehicle, and then proceeded to search the vehicle without asking for Folk’s consent.
On the other hand, a second-tier encounter may violate the Fourth Amendment if the officer briefly “stops” or “seizes” a citizen without reasonable suspicion.
*209 warrant.
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177 S.E.2d 487 Court of Appeals of Georgia September 15, 1970 No. 45478
From these and similar cases it may be concluded that a warrant which identifies the premises and its owners or occupants is not void as a general warrant because it authorizes the search of other persons found there who may reasonably
A warrant for the search of an automobile and its owner-driver did not authorize the search of *458 another occupant in the car, and discovery of the contraband on such occupant could not be admitted in evidence.
The case assumes that the arrest of Margaret Wood without a warrant was justifiable, and that the evidence found on her person was admissible as being legally obtained by a search incident to a legal arrest without a warrant.
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198 S.E.2d 892 Court of Appeals of Georgia May 16, 1973 No. 48209
We have no difficulty in reiterating that arrest without a warrant may be made for a crime committed in the presence of the arresting officer. Code § 27-207.
police activity although no probable cause for arrest or search without a warrant exists.
committed, and that the momentary detention of a citizen for questioning may be made, but only where "based upon specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the
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572 S.E.2d 27 Court of Appeals of Georgia September 30, 2002 No. A02A1084
The officer asked for consent to search Palmer’s car. Palmer asked the officer what would happen if he refused, and the officer responded that he would probably either get a search warrant or call for a drug dog.
In this case, the record does not support a finding that the police, in an effort to get consent to search, told the defendant that a search warrant either had been obtained or was forthcoming.
Because the police could have eventually lawfully searched the car without Palmer’s consent based upon one of the courses of action mentioned to Palmer, we cannot say that Palmer’s consent was the product of deceit or a display of
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818 S.E.2d 668 Court of Appeals of Georgia August 24, 2018 No. A18A0939
coming from *214 the vehicle when they approached it, separate and apart from Alford's arrest. 4 "Under the automobile exception to the warrant requirement imposed by the Fourth Amendment, a police officer may *674 search
a car without warrant if he has probable cause to believe the car contains contraband, even if there is no exigency preventing the officer from getting a search warrant."
App. at 631 (2), 727 S.E.2d 243 ("[W]hen there is probable cause to search for contraband in a car, it is reasonable for police officers to examine packages and containers without a showing of individualized probable cause
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370 S.E.2d 503 Court of Appeals of Georgia May 24, 1988 No. 76021
Trooper Ralston also asked permission to search the car.
him we could not search the car without his permission, and with his permission, we would like to search it.”
Stafford testified that defendant stated that he did not wish to sign anything, “but if you want to search the car you can search the car.”
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185 S.E.2d 90 Court of Appeals of Georgia October 8, 1971 No. 46652-46662
Carroll held that a warrant was unnecessary where there is probable cause to search an automobile stopped on the highway due to the mobility of the car.
After being taken into custody the automobile was removed to a police station and was there thoroughly searched without a warrant.
, "For constitutional purposes we see no difference between on the one hand seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out an immediate search without a warrant
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412 S.E.2d 850 Court of Appeals of Georgia October 29, 1991 No. A91A1062
appellant was present in the police car during an illegal stop.
Nooks, 446 F2d 1283 (5th Cir. 1971), a car was stopped by a sheriff without a sufficient articulable suspicion.
, including a police radio report indicating that the driver of the car matched the description of the robbers.
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714 S.E.2d 744 Court of Appeals of Georgia July 21, 2011 No. A11A1218
O’Neal claims that the trial court erred in finding that the warrantless search of his truck was lawful absent any showing of exigent circumstances. The claim is without merit.
Under the automobile exception to the warrant requirement imposed by the Fourth Amendment, a police officer may search a car without a warrant if he has probable cause to believe the car contains contraband, even if there is no exigency
preventing the officer from getting a search warrant.
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293 S.E.2d 529 Court of Appeals of Georgia July 16, 1982 No. 63447
incident to the lawful custodial arrest of the occupants of an automobile, police *143 may search inside the automobile after the arrestees are no longer in it.
search without a warrant of the person arrested and of the immediately surrounding area.
As stated earlier, the rationale which permits a search incident to an arrest to occur without a warrant is the need to remove any weapons or evidence the arrestee might attempt to use or destroy.
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395 S.E.2d 582 Court of Appeals of Georgia June 4, 1990 No. A90A1112
Appellant maintained that the police were merely asserting the existence of an informant in order to cure a deficiency in its affidavit in support of search warrant.
An inventory search cannot be conducted as a subterfuge to enable the police to conduct a warrantless investigative search without probable cause. Gaston v. State, 155 Ga. App. 337, 339 ( 270 SE2d 877 ).
The police had probable cause to conduct a warrant-less search of the Cadillac for drugs, and any deficiency in the basis of the informant’s knowledge was more than adequately compensated by the totality of the attendant circumstances
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