Legal Opinion

Batton v. Griffin

Supreme Court of Georgia

Decided January 3, 1978No. 32954PublishedCited by 7 opinions

1Opinion of the Court

Hall, Justice.

North Carolina is seeking to extradite appellant, a 15-year-old female, for proceedings arising out of two murders in that state. No arrest warrant or indictment accompanied the requisition, only two "Juvenile Petitions” and "Detention Orders.” So far as we can tell, no determination of probable cause to arrest petitioner was made by any magistrate in North Carolina, and none is necessary for the issuance of these documents under the law of that state. N.C.G.S. §§ 7A-28K3), 7A-286.

The Fourth Amendment to the United States Constitution requires that a determination of probable…

2Cases cited2 opinions

  1. Gerstein v. PughSupreme Court of the United States · 1975
  2. Smithwick v. OlsonSupreme Court of Georgia · 1972

3Cited by7 opinions

  1. Joiner v. StateCourt of Appeals of Georgia · 2009
  2. Massey v. WilsonSupreme Court of Colorado · 1980
  3. Brightman v. WithrowWest Virginia Supreme Court · 1983
  4. Harris v. MasseySupreme Court of Georgia · 1978
  5. ConsalviMassachusetts Supreme Judicial Court · 1978

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