Legal Opinion

Howard v. State

Court of Appeals of Georgia

Decided September 23, 1983No. 66826PublishedCited by 9 opinions

1Opinion of the Court

Quillian, Presiding Judge.

The defendant appeals the revocation of his probated sentence. Held:

The defendant contends the evidence utilized to revoke his probation was the product of an unlawful search and seizure.

We recognize the general rule that “illegally seized evidence may not be used to revoke probation.” Stanley v. State, 153 Ga. App. 42 (264 SE2d 533). Nevertheless, in the case sub judice the defendant, a probationer, was required to reside in the Cobb Diversion Center, a restitution shelter, and as a part of the program agreed to abide by the rules and regulations of the Center. He…

2Cases cited6 opinions

  1. Smith v. StateSupreme Court of Georgia · 1983
  2. Hunter v. StateCourt of Appeals of Georgia · 1976
  3. Stanley v. StateCourt of Appeals of Georgia · 1980
  4. Austin v. StateCourt of Appeals of Georgia · 1979
  5. Lillard v. StateCourt of Appeals of Georgia · 1980

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Preferred Risk Insurance v. BoykinCourt of Appeals of Georgia · 1985
  2. State v. MarquartNew Mexico Court of Appeals · 1997
  3. State v. ThackstonSupreme Court of Georgia · 2011
  4. Amended January 25, 2017 State of Iowa v. Troy Richard BrooksSupreme Court of Iowa · 2016
  5. Preferred Risk Insurance v. BoykinCourt of Appeals of Georgia · 1985

4 more not listed; retrieve them via the Exa API.

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