Smith v. State

I respectfully dissent with respect to seizure of the papers.

One of the three grounds asserted by defendant for suppression of the evidence was lack of authority to seize papers, which he argues should not have been used by the State as evidence of defendant’s occupancy and control of the premises and thus of his possession of the marijuana. Defendant relies on the Federal and State Constitutions and OCGA §§ 17-5-21 and,17-5-28.

He invokes OCGA § 17-5-21 (a) & (b) for the proposition that private papers not listed in the search warrant may not be seized during a lawful search if they are mere…