State v. Brown

I must respectfully dissent.

An unlawful arrest or seizure does not bar a criminal prosecution. Lackey v. State, 246 Ga. 331, 333 (271 SE2d 478) (1980); Mortimer v. State, 177 Ga. App. 679, 680 (340 SE2d 649) (1986); Thompson v. State, 175 Ga. App. 645, 648 (334 SE2d 312) (1985). The trial court therefore was not authorized to dismiss the indictment because of the defendant’s wrongful detention, seizure, and arrest at the airport.

Appellee argues that his motion to dismiss was properly granted because he was being prosecuted for something new, in that the indictment in question did not pertain…