Legal Opinion

State v. Gary

Court of Appeals of Georgia

Decided April 14, 1993No. A91A0735Published

1Opinion of the Court

Blackburn, Judge.

In State v. Gary, 201 Ga. App. 556 (411 SE2d 536) (1991), this court reversed the trial court’s grant of the appellees’ motion to suppress evidence seized during a search of their home pursuant to a search warrant. However, in Gary v. State, 262 Ga. 573 (422 SE2d 426) (1992), the Supreme Court reversed, holding that the good-faith exception to the exclusionary rule enunciated in United States v. Leon, 468 U. S. 897 (104 SC 3405, 82 LE2d 677) (1984), is not applicable in Georgia in light of the statutory exclusionary rule provided in OCGA § 17-5-30. Accordingly, this court’s…

2Cases cited3 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Gary v. StateSupreme Court of Georgia · 1992
  3. State v. GaryCourt of Appeals of Georgia · 1991

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