Legal Opinion

Peters v. State

Court of Appeals of Georgia

Decided May 19, 1967No. 42627PublishedCited by 11 opinions

1Opinion of the Court

Bell, Presiding Judge.

The appellant contends that his arrest without a warrant was illegal and therefore evidence obtained from his person without a search warrant during the illegal arrest was inadmissible at the trial. “Evidence of guilt which the defendant, either directly or indirectly, is compelled to disclose by an unlawful search and seizure of his person under illegal arrest, is not admissible in a criminal prosecution of the person thus illegally arrested.” Scott v. State, 14 Ga. App. 806 (4) (82 SE 376). See Mapp v. Ohio, 367 U. S. 643 (81 SC 1648, 6 LE2d 1081).

In a previous appeal…

2Cases cited4 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Peters v. StateCourt of Appeals of Georgia · 1966
  3. Blake v. StateCourt of Appeals of Georgia · 1964
  4. Scott v. StateCourt of Appeals of Georgia · 1914

3Cited by11 opinions

  1. Peters v. KiffSupreme Court of the United States · 1972
  2. Peters v. KiffSupreme Court of the United States · 1972
  3. Dean Rene Peters v. Jack T. Rutledge, Sheriff and Jailer of Muscogee County, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
  4. Whitlock v. StateCourt of Appeals of Georgia · 1971
  5. William B. Donlavey v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1970

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