Legal Opinion

Harris v. State

Court of Appeals of Georgia

Decided January 30, 1973No. 47816PublishedCited by 7 opinions

1Opinion of the Court

Deen, Judge.

1. It is basic that a search of the defendant’s person may be conducted without a warrant and incident to a valid arrest for the purpose of seizing the fruits of the crime for which he has been arrested (Code Ann. § 27-301 (c)) and that a valid arrest without warrant may be made when the crime is being committed in the presence of the officer. Code § 27-207. The motion to suppress in this case raises only the factual question of whether the testimony of the arresting officers authorizes a finding that the crime of possessing narcotics was within the presence of the officers, that…

2Cases cited4 opinions

  1. Brinegar v. United StatesSupreme Court of the United States · 1949
  2. Piedmont Hotel Co. v. HendersonCourt of Appeals of Georgia · 1911
  3. Clyatt v. StateCourt of Appeals of Georgia · 1972
  4. Harris v. State of GeorgiaSupreme Court of Georgia · 1961

3Cited by7 opinions

  1. Hill v. Georgia Power Co.Court of Appeals for the Eleventh Circuit · 1986
  2. Minor v. StateCourt of Appeals of Georgia · 1986
  3. Bowen v. StateCourt of Appeals of Georgia · 1984
  4. Blalock v. StateCourt of Appeals of Georgia · 1983
  5. Ralph Hill v. Georgia Power Company United Brotherhood of Carpenters and Joiners of America, Local No. 144 Afl-Cio and Superior Electric Company, Walter Wadley v. Georgia Power Company Construction Production & Maintenance Workers, Local No. 1210, Afl-Cio and Superior Electric CompanyCourt of Appeals for the Eleventh Circuit · 1986

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