Legal Opinion
State v. Burnett
Court of Appeals of Georgia
Decided February 9, 1996No. A95A1867PublishedCited by 13 opinions
1Opinion of the Court
Beasley, Chief Judge.
The State appeals from the trial court’s grant of defendant’s motion to suppress evidence seized after he was arrested. There is evidence that defendant struggled with police and was in possession of cocaine, so he was indicted for possession of cocaine with intent to distribute (OCGA § 16-13-30) and obstruction of two officers (OCGA § 16-10-24).
The defendant’s motion prompted a hearing, at which the burden was on the State to prove that the arrest and seizure without warrant were justified. OCGA § 17-5-30 (b); Baez v. State, 206 Ga. App. 522, 526 (1) (425 SE2d 885)…
2Cases cited5 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- United States v. MendenhallSupreme Court of the United States · 1980
- United States v. CortezSupreme Court of the United States · 1981
- Morgan v. StateCourt of Appeals of Georgia · 1990
- Baez v. StateCourt of Appeals of Georgia · 1992
3Cited by13 opinions
- Barnes v. StateCourt of Appeals of Georgia · 1997
- Lambright v. StateCourt of Appeals of Georgia · 1997
- Daniels v. StateCourt of Appeals of Georgia · 1996
- Lee v. StateCourt of Appeals of Georgia · 1996
- Crosby v. StateCourt of Appeals of Georgia · 2004
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