Gary v. State

Benham, Justice.

We granted certiorari to determine a question of first impression in Georgia: whether the “good faith” exception to the exclusionary rule enunciated in United States v. Leon, 468 U. S. 897 (104 SC 3405, 82 LE2d 677) (1984) is applicable as a matter of state law in Georgia.1

After their home was searched pursuant to a search warrant, appellants Ronald and Alma Gary were indicted for possession of mari*574juana with intent to distribute.2 The trial court granted appellees’ motion to suppress the evidence seized during the search. The Court of Appeals relied on the “good-faith…