Georgia Search & Seizure Law

Search and seizure, also called stop and search, is probably the most hotly contested area of criminal law. Police are always making stops and/or searches. Those arrested are always contesting the legality of the stop and/or the search.

The reason is obvious. If either the stop or the search is illegal, any evidence found during the search is inadmissible at trial. In other words, No Evidence - No Case - Case Dismissed.

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Search and seizure is a complicated area of the law. I will try to keep it simple and understandable. Navigate the following links for a better understanding of search and seizure law in Georgia.

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Encounters Between Citizens and the Police

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• See Also Miranda Rights

• First Tier Encounters (casual contact)

• Second Tier Encounters (investigation)

• Third Tier Encounters (full blown arrest)

• Legal Searches

• What About Roadblocks?

• Georgia Cases Where The Stop Was Thrown Out​