Legal Opinion

Postell v. State of Ga.

Supreme Court of Georgia

Decided June 6, 1994No. S93G1660PublishedCited by 22 opinions

1Opinion of the Court

Benham, Presiding Justice.

After the State of Georgia initiated civil forfeiture proceedings pursuant to OCGA § 16-13-49 against an automobile, a pistol, and $14,627.25, petitioner Postell, the owner of the property, sought to suppress the seizure of the items, asserting they were the result of an illegal stop. In a somewhat confusing order, the trial court granted the motion to suppress after finding that the police did not have the reasonable, articulable facts necessary to stop petitioner’s car, and concluding that the officers lacked probable cause to stop, search, and seize the property.…

2Cases cited3 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. CortezSupreme Court of the United States · 1981
  3. State v. PostellCourt of Appeals of Georgia · 1993

3Cited by22 opinions

  1. State v. BanksCourt of Appeals of Georgia · 1996
  2. Berry v. StateCourt of Appeals of Georgia · 2001
  3. Garmon v. StateSupreme Court of Georgia · 1999
  4. State v. MallardCourt of Appeals of Georgia · 2000
  5. State v. CauseyCourt of Appeals of Georgia · 2000

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