TaiLexi AI U.S. Case Law
14,771 cases · natural language · 0.56 s
  1. Benton v. State
    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.]

  2. Mooney v. State
    254 S.E.2d 337 Supreme Court of Georgia March 15, 1979 No. 34225

    The Search Mooney first argues that the seizure of his luggage and numerous police searches of the shopping bag were done without a warrant and without his consent, and were not valid inventory searches.

    Indeed, the officers’ immediate seizure of the car may have been warranted on grounds beyond convenience.

    The search was conducted without investigative motive, pursuant to a standard police inventory procedure. Though officers plainly had time to secure a warrant, none was held required.

  3. State v. Sarden
    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.

  4. Thomason v. State
    486 S.E.2d 861 Supreme Court of Georgia July 16, 1997 No. S97P0285

    Because valid consent to search the interior of Thomason’s car existed, the need for either probable cause or a search warrant was eliminated. 13 (c) In addition to observing the bloody currency on the Cutlass’ console and the blood

    Nor is there any merit to Thomason’s contention that evidence seized as part of a search of the Cutlass after it was taken into custody should have been suppressed because no warrant was obtained before such search.

    When police officers have probable cause to suspect that there is evidence of a crime inside an automobile that has been stopped on the road, they may conduct a warrantless search of the vehicle, even after it has been impounded and

  5. State v. Lejeune
    576 S.E.2d 888 Supreme Court of Georgia February 10, 2003 Nos. S02A1277, S02A1346, S02A1349

    Despite not having a search warrant for the car, the police placed it on a flat-bed wrecker and took it to the GBI Crime Lab in DeKalb County.

    After obtaining the invalid search warrant, the police searched the car. There is no evidence that this search was valid as an inventory search or as incident to the arrest. See New York v. Belton, 453 U.

    If the police have probable cause, they may search a vehicle without a warrant because “ ‘the opportunity to search is fleeting since a car is readily movable.’ [Cit.]” California v. Carney, supra at 391 (II).

  6. State v. Stephens
    311 S.E.2d 823 Supreme Court of Georgia February 6, 1984 No. 40184

    Prior to trial, they moved to suppress evidence obtained pursuant to a search warrant on the ground that the warrant was issued without probable cause. The motion was denied.

    One's prolonged and frequent association with an alleged drug dealer, without more, is insufficient to provide probable cause for issuance of a search warrant. See Thornton v. State, 125 Ga. App. 374 ( 187 SE2d 583 ) (1972).

    The Supreme Court relied heavily on this "independent police work," as well as the great detail contained in the original tip, in upholding the search warrant issued there. Id.

  7. Caffo v. State
    279 S.E.2d 678 Supreme Court of Georgia July 1, 1981 No. 37318

    A search warrant was issued to search the defendant’s living quarters at the DeSoto Truck Stop.

    Information provided by police officers, arising out of an official investigation, may be used to *755 establish probable cause for a search warrant. Pollard v. State, 236 Ga. 587 ( 224 SE2d 420 ) (1976).

    Noting that had the defendant in Edwards initiated the second interview with police after he had originally declined to talk to them without an attorney, “nothing in the Fifth and Fourteenth Amendments would prohibit the police from

  8. State v. Swift
    207 S.E.2d 459 Supreme Court of Georgia June 25, 1974 No. 28922

    A search of the car was then conducted and a bag of marijuana was found in the glove compartment. Swift was arrested and charged with marijuana possession.

    S. 443, 465 (91 SC 2022, 29 LE2d 564), the Supreme Court of the United States held, "It is well established that under certain circumstances the police may seize evidence in plain view without a warrant.”

    Since the marijuana was in plain view, the officer had probable cause to search the vehicle without a warrant. Chambers v. Maroney, 399 U. S. 42, 48 (90 SC 1975, 26 LE2d 419).

  9. Shell v. State
    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.

  10. Vansant v. State
    443 S.E.2d 474 Supreme Court of Georgia May 31, 1994 No. S93G1407

    into a pickup truck, and drive away without stopping.

    Although an officer may conduct a brief investigative stop of a vehicle (see Delaware v. Prouse, 440 U.

    App. 495 ( 411 SE2d 314 ) (1991) (radio dispatch that attendant in service station across from officers' car reported intoxicated customer authorized stop of car matching attendant's description); McConnell v. State, 156 Ga.

  11. Brisbane v. State
    211 S.E.2d 294 Supreme Court of Georgia December 3, 1974 No. 29313

    Officer Hill and another police officer then began a search of the car.

    J. 1161 (1966), which stated that one may legitimately be in a particular place on no business whatsoever, perhaps merely to be alone or to watch the moon, and he has the right to do so without harassment.

    It is clear that under Jones, a party may assert standing to challenge the search of a vehicle either by showing a possessory interest in the car search or by property taken or by claiming automatic standing if charged with an offense

  12. Brown v. State
    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

  13. Garcia v. State
    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.

  14. Williams v. State
    312 S.E.2d 40 Supreme Court of Georgia December 5, 1983 No. 39641

    The warrant was issued on June 3, and a search of appellant’s residence and car was conducted that day.

    The warrant was issued, and a search was conducted June 22. At trial evidence gathered from appellant’s house and car, especially fiber evidence, was used extensively to support the state’s case. i) .

    We note at the outset that “[w]hen an application for a search warrant has been made by the police to a neutral and detached magistrate, and the magistrate has issued the warrant based on a finding of probable cause, a reviewing court

  15. Radowick v. State
    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.

  16. Gilreath v. State
    279 S.E.2d 650 Supreme Court of Georgia June 30, 1981 No. 37255

    Pursuant to a warrant he searched the Duster that afternoon and again on May 14th. In the latter search a partial box of .22 caliber short ammunition was recovered. While in North Carolina, Sgt.

    He further argued that the probable cause supporting the warrant pursuant to which the house was searched on May 14 was tainted by the allegedly illegal search which had occurred on May 11. The trial court overruled the motion.

    Similarly, when the police come upon the scene of a homicide they may make a prompt warrantless search of the area to see if there are other victims or if a killer is still on the premises...

  17. State v. Allen
    779 S.E.2d 248 Supreme Court of Georgia November 2, 2015 No. S14G1765

    the detention of Scott and Allen and to search the car.

    to the police car; Scott did not appear impaired.

    been stopped [as part of a traffic stop] for identification without conducting a Fourth Amendment search or seizure.

  18. Code v. State
    214 S.E.2d 873 Supreme Court of Georgia April 8, 1975 No. 29558

    The detective told both defendant and his father that the police would leave and obtain a search warrant if they desired, but both defendant and his father advised the detective that a warrant would not be necessary and that the police

    the house but could not do so without a *94 warrant or their consent.

    We believe that these facts show probable cause upon which the police officers could have obtained a search warrant.

  19. State v. Thornton
    322 S.E.2d 711 Supreme Court of Georgia November 21, 1984 No. 41199

    The Cobb County Police obtained two search warrants.

    that he was illegally arrested and carried to the place described in the search warrant.

    This appellee was placed under arrest without an arrest warrant and transported from Cobb to Fulton County on the basis of two search warrants. Search warrants will not suffice. He was given no hearing.

  20. Sanborn v. State
    304 S.E.2d 377 Supreme Court of Georgia June 28, 1983 No. 39458

    The car and two suspects were transported to the Americus police department. A search warrant was obtained, a thorough search conducted, and $159 in bills plus $1.86 in change was found.

    The car was spotted by police and stopped, the occupants arrested, and the car driven to the police station and searched.

    The Court in Carroll noted that while a search warrant might readily be obtained for a fixed premises, it is not always practicable for police to secure a warrant authorizing an automobile search, since a vehicle can be moved quickly

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