Legal Opinion · Dissent

State v. Stephens

Supreme Court of Georgia

Decided February 6, 1984No. 40184Published

1DissentSmith, Justice

Today’s majority opinion, which reverses a decision of the Court of Appeals mandating suppression of certain seized evidence, is replete with phrases like “practical, common-sense approach,” “subjectivity,” “the outer limit of probable cause,” and protection of Fourth Amendment (Code Ann. § 1-804) values “whenever and *185wherever feasible.” Like Justice Brennan, I am inclined to view such talk as “code words for an overly permissive attitude toward police practices in derogation of the rights secured by the Fourth Amendment [Code Ann. § 1-804].” Illinois v. Gates, — U. S. — (103 SC 2317, 2359,…

2Cases cited5 opinions

  1. Brinegar v. United StatesSupreme Court of the United States · 1949
  2. Bothwell v. StateSupreme Court of Georgia · 1983
  3. LoGiudice v. StateSupreme Court of Georgia · 1983
  4. Stephens v. StateCourt of Appeals of Georgia · 1983
  5. Thornton v. StateCourt of Appeals of Georgia · 1972

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