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Category Archives: Criminal Law

Category Archives: Criminal Law

Georgia Court of Appeals rules that trial court erroneously denied motorist’s motion to suppress evidence found in his car.

The Georgia Court of Appeals recently ruled that a Georgia trial court erred in denying a motorist’s motion to suppress evidence of illegal drugs that police found in his car after they stopped him for not having a current registration decal visible on his car tag. The police, after stopping the motorist for not having a current registration decal visible on […]

In Georgia, can a person sue a Georgia county or city for personal injuries as the result of improper medical care while in their jail?

Yes. Failure to provide proper medical care to a prisoner while he/she is in the custody of a Georgia city, a Georgia county, or the State of Georgia, can result in a personal injury lawsuit for damages against the responsible governmental entity that has custody of the prisoner. In such cases, the city, county, and state do not have immunity protecting them from a lawsuit.  Please contact Rumsey […]

Recent Georgia Supreme Court Cases Affirm Restrictions on Police Use of Roadblocks To Achieve DUI Criminal Convictions.

In two recent Georgia criminal cases decided by the Georgia Supreme Court, the court found in both cases that the Georgia motorists charged with driving under the influence (DUI) had their 4th Amendment rights against unreasonable searches and seizures violated by the methods used by police to stop them at roadblocks and gain evidence to charge them with DUI. Accordingly, the court found that […]

Georgia homeowners’ 4th Amendment Rights were violated when police walked through their yard, smelled raw marijuana, and obtained a search warrant based on what they smelled.

Police officers in Georgia, who were in pursuit of a person who had fled the scene of an accident, walked across the lawn of a residence and smelled raw marijuana coming from the residence. The owners of the residence were in no way connected with the person that ran from the accident scene. The police obtained a search warrant based on what they […]

Georgia golfer’s 4th Amendment Rights violated by police who searched his car simply because he was seen leaving golf course late.

The Georgia Court of Appeals recently ruled that a golfer’s Fourth Amendment rights were violated when he was stopped by a police officer in a police vehicle in the golf course parking lot as the golfer was driving away after the golf course had closed for the day. The Court of Appeals ruled that the police officer had no particularized and objective basis for suspecting […]

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