DeFreeze v. State
Court of Appeals of Georgia
1DissentEvans, Judge
The majority opinion holds that a copy of a search warrant was all that was needed by the officer in order to search defendant’s residence. This is as contradictory of the Constitution and the laws as can possibly be!
The officer obtained a search warrant but went back to his office, had a copy made, placed the original in his desk, and proceeded to the residence ten miles away, with no search warrant and yet made the illegal search. There is no authority whatever for making a search with a copy of a search warrant!
The majority opinion cites a Texas case, which is not binding upon this court…
2Cases cited13 opinions
- Martin v. HensonCourt of Appeals of Georgia · 1957
- Riley v. GarrettSupreme Court of Georgia · 1963
- Hooper v. AlmandSupreme Court of Georgia · 1943
- Shafer v. StateSupreme Court of Georgia · 1942
- Douglass v. StateSupreme Court of Georgia · 1921
8 more not listed; retrieve them via the Exa API.