Legal Opinion

Howe v. State

Court of Appeals of Georgia

Decided October 8, 1974No. 49550PublishedCited by 5 opinions

1Opinion of the Court

Quillian, Judge.

This case is here on certificate for immediate review from an order denying the defendant’s motion to suppress evidence. Held:

The defendant was charged with possession of more than one ounce of marijuana which contraband was obtained from a search of his vehicle following his arrest for traffic violations and for driving under the influence.

We recognize the rule set forth in Rowland v. State, 117 Ga. App. 577 (161 SE2d 422), and followed in Mobley v. State, 130 Ga. App. 80, 81 (202 SE2d 465): "A search of a vehicle may not be made incident to the arrest of the driver for a…

2Cases cited6 opinions

  1. United States v. RobinsonSupreme Court of the United States · 1973
  2. Cady v. DombrowskiSupreme Court of the United States · 1973
  3. Gustafson v. FloridaSupreme Court of the United States · 1973
  4. Rogers v. StateCourt of Appeals of Georgia · 1974
  5. Mobley v. StateCourt of Appeals of Georgia · 1973

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

3Cited by5 opinions

  1. Rush v. StateCourt of Appeals of Georgia · 1976
  2. State v. HoldenCourt of Appeals of Georgia · 1982
  3. Stoker v. StateCourt of Appeals of Georgia · 1980
  4. Ward v. StateCourt of Appeals of Georgia · 1976
  5. Rush v. StateCourt of Appeals of Georgia · 1976

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