Legal Opinion

The State v. Kazmierczak

Court of Appeals of Georgia

Decided April 10, 2015No. A14A2046PublishedCited by 11 opinions

1Opinion of the Court

Ray, Judge.

Peter Joseph Kazmierczak was charged by accusation with possession of marijuana with intent to distribute and manufacturing marijuana (OCGA § 16-13-30 (j) (1)). Kazmierczak filed a motion to suppress the evidence, contending that the search of his residence was illegal because it was conducted under a search warrant that was issued solely based upon the strong odor of marijuana that police detected when they visited the home. The trial court granted the motion to suppress in reliance on precedent from this Court which supported the defendant’s position. The State appeals,…

2Cases cited18 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 1948
  2. United States v. RossSupreme Court of the United States · 1982
  3. California v. CarneySupreme Court of the United States · 1985
  4. McClain v. StateSupreme Court of Georgia · 1996
  5. State v. ColeWashington Supreme Court · 1995

13 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. The State v. Alford.Court of Appeals of Georgia · 2018
  2. WINGATE v. the STATE.Court of Appeals of Georgia · 2018
  3. Coleman v. the StateCourt of Appeals of Georgia · 2016
  4. Caffee v. the StateCourt of Appeals of Georgia · 2017
  5. The STATE v. EDWARDS Et Al.Court of Appeals of Georgia · 2015

6 more not listed; retrieve them via the Exa API.

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