Good Question – Quote of the Day from the Rodriguez arguments in Georgia Supreme Court
Good Question: The Fulton County Daily Report reported on January 8th, 2014 in its Story “Justices Ponder Traffic Stop that Stumped State Appeals Court, “Rodriguez v. State, No. S13G1167, a case on appeal from the Georgia Court Appeals where the Court en banc split 6-6 and allegedly affirmed the Gwinnett County Trial Court decision, the Georgia […]
Read MoreWilder v. State, S10G1897, November 7, 2011: Search and Seizure of Locked Briefcase in home of another
Wilder v. State, S10G1897, November 7, 2011:Illegal Search of a Briefcase. The Georgia Supreme Court reversed the conviction of a Lincoln County Georgia Trial Court for child molestation, sexual exploitation of a child involving Wilder and a 15-year-old girl. The Georgia Supreme Court held that a person has to stand under the 4th Amendment […]
Read MoreJudges have broad discretion to impose jail sentences or probation
Judges in Georgia have broad discretion in imposing jail sentences subject to the maximum sentencing limitations of a particular statute and minimum sentencing limitations which are provided by statute and can be probated unless expressly prohibited from being suspended or probated by statute. The Georgia DUI Statute, O.C.G.A. Sec. 40-6-391, is such a statute as it […]
Read MoreCan the Police tow my car even if I have someone available to take it as an excuse to search it?
No. The Georgia Court of Appeals has adopted the view that “`[w]hen the driver of a motor vehicle is arrested and a reliable friend is present, authorized and capable to remove an owner’s vehicle which is capable of being safely removed; 405 or where the arrestee expresses a preference as to towing service and designates […]
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