State v. Sanders

I reject the majority’s conclusion that the arresting officer could amend the warrant in the instant case by receiving permission to do so over the telephone from the issuing magistrate. I respectfully dissent.

There is no doubt that, under the facts of this case, appellee’s hotel room could not be lawfully searched without a valid warrant. See Coolidge v. New Hampshire, 403 U. S. 443, 454-455 (91 SC 2022, 29 LE2d 564) (1971); Love v. State, 144 Ga. App. 728, 731-732 (242 SE2d 278) (1978). The validity of the search is dependent upon the validity of the warrant.

The majority correctly points…