Green v. State

McMurray, Presiding Judge.

Defendant was indicted, tried and convicted of the offense of violation of the Georgia Controlled Substances Act (possession of more than one ounce of marijuana). The sole issue raised on appeal is whether defendant’s incriminatory statement to law enforcement officers was the product of an illegal “seizure” and thus inadmissible under the Fourth Amendment. Held:

“It is true that even though proper Miranda warnings may have been given prior to a defendant’s making an incriminatory statement and even though the statement may have been ‘voluntary’ for Fifth Amendment…