Legal Opinion
Grant v. State
Court of Appeals of Georgia
Decided November 9, 1979No. 58696PublishedCited by 7 opinions
1Opinion of the Court
Deen, Chief Judge.
1. An arrest warrant is valid only against the person named in it. "[A]n officer arresting one not bearing the name set forth in the warrant acts at his peril.” Blocker v. Clark, 126 Ga. 484, 487 (54 SE 1022) (1906). And even though he acted in good faith in arresting another than the person named, the warrant will not justify the action. West v. Cabell, 153 U. S. 78 (14 SC 752, 38 LE 643) (1893).
2. An arrest without a valid warrant to detain the defendant places the detention in the sainé category as an arrest without a warrant. "Evidence procured in connection with a…
2Cases cited6 opinions
- West v. CabellSupreme Court of the United States · 1894
- Johnson v. StateCourt of Appeals of Georgia · 1965
- Blocker v. ClarkSupreme Court of Georgia · 1906
- Bethea v. StateCourt of Appeals of Georgia · 1972
- State v. KoonCourt of Appeals of Georgia · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Suluki v. StateCourt of Appeals of Georgia · 2010
- Brown v. CAMDEN COUNTY, GA.District Court, S.D. Georgia · 2008
- People v. GordonAppellate Court of Illinois · 2000
- City of Tulsa v. CliffordCourt of Criminal Appeals of Oklahoma · 1990
- City of Tulsa v. CliffordCourt of Criminal Appeals of Oklahoma · 1990
2 more not listed; retrieve them via the Exa API.