Georgia Search and Seizure Law

Georgia law regarding searches and seizures comes from the Constitution of the United States of America and the Constitution of the State of Georgia along with all the case law that has been created throughout the existence of our country. The 4th amendment to the United States Constitution reads:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

As the Constitution was written, a warrant was required to perform a search of a person, one’s belongings, their home, or their vehicle. Warrants are signed by a Judge and require an oath of affirmation of a law enforcement officer that a crime has been committed, and specific details on the type and location of evidence to be seized. A Georgia search warrant is a legal document that has requirements for the search to be valid. But over time, Georgia regarding searches and has seizures changed to allow for some searches without a warrant. Here are the types of searches that are allowable without a warrant:

Safety Search

An officer has the ability to perform a safety search of your person to ensure that you are not armed in a citizen-officer encounter. However, if any drugs or illegal items such as fraudulent or stolen credit cards are on your person, these items can be seized.

Plain View

If contraband or any other evidence of illegal activity is in plain view of the officer, the officer is allowed to seize that contraband and search for additional evidence in your vehicle, home, bag, or on your person.

Exigent Circumstances

Exigent circumstances are circumstances that a reasonable person would believe than an entry into a home or vehicle was necessary to protect the safety of persons and property, to prevent the destruction of relevant evidence, or the escape of a suspect. The United States Supreme Court has highlighted some exigent circumstances as emergency assistance to an occupant of a home, pursuit of a fleeing suspect, and to enter a burning building to put out a fire and investigate its cause.

Automobile Exception

The automobile exception to the 4th amendment was created by the United States Supreme Court due to the ease of evidence and contraband being removed from the scene of a crime due to the mobility of motor vehicles. The automobile exception allows for complete searches of vehicles when evidence of illegal activity is found inside the vehicle. This could be as little as the smell of green marijuana, illegal drugs, weapons, fraudulent documents, or stolen goods. Typically the automobile exception allows for a complete search of your vehicle.

Inventory Search of Your Vehicle

If you are arrested while driving in your vehicle and your car is going to be towed or impounded, law enforcement is allowed to perform an inventory search of your vehicle. Any drugs, credit cards, fraudulent identification cards, or other illegal items can be seized as a result of the inventory search.

Never Give Consent to Search in Georgia

Finally, there is one other circumstance when a search of your person, home, or vehicle will be valid. That circumstance is when you provide consent to search. If you provide consent to search, the officer no longer needs a warrant, or any of the warrantless search exceptions for a valid and legal search under Georgia law. Consenting to a search give the officer power to do things they normally wouldn’t be able to do under Georgia law. Even if you think there’s nothing on your person, in your home, or in your vehicle that could give your problems, it is still your constitutional right to decline consent to search, and you should exercise that right each and every time you are asked. Sometimes officers will come up to you in a traffic stop and it will be the second question they ask you. You do not have to willingly give consent. You have the right to remain silent. Exercise your rights and protect your freedom.

The rules regarding searches and seizures in Georgia are complex and constantly evolving. If you have questions regarding a search, seizure, arrest, or criminal charge, you can call anytime for a free consultation. My phone number is 678-753-6431 and I would love to go over your legal questions with you.