Pickett v. State
Supreme Court of Georgia
Indictment for 'assault to murder. Before Judge Milner. Bartow superior court. January term, 1896. On a night in December, 1893, Milner, a police officer of Oartersville, arrested a brother of Dan and Willis Pickett. Dan told Milner he must not take his brother to-the calaboose. Milner replied that he would- show him what he would do, and went off with his prisoner, but released him upon his own statement after arrival at the calaboose.
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Indictment for 'assault to murder. Before Judge Milner. Bartow superior court. January term, 1896. On a night in December, 1893, Milner, a police officer of Oartersville, arrested a brother of Dan and Willis Pickett. Dan told Milner he must not take his brother to-the calaboose. Milner replied that he would- show him what he would do, and went off with his prisoner, but released him upon his own statement after arrival at the calaboose. They had been followed by Dan and Willis. Somebody had informed Milner that Dan had a pistol. He went to where Dan was standing, and told him he understood he…
1Opinion of the Court
Lumpkin, Justice.
1. While, under section 4723 of the code, an officer may, without a warrant, make an arrest for an offense committed in his presence, he has no authority, upon bare suspicion or upon mere information derived from others, to arrest a citizen and search his person in order to ascertain whether or not he is carrying a concealed weapon in violation of law. The constitution of this State expressly declares in the bill of rights that: “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be…
2Cited by27 opinions
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- State v. LockSupreme Court of Missouri · 1924
- People v. KamhoutMichigan Supreme Court · 1924
- Raif v. StateCourt of Appeals of Georgia · 1964
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