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123 Ga. App. 206

180 S.E.2d 262

Adams v. State

Court of Appeals of Georgia

Decided January 22, 1971

Court of Appeals of Georgia · decided 1971-01-22

Key passage — most relied on by later courts

“The description is sufficient if a prudent officer executing the warrant is able to locate the person and place definitely and with reasonable certainty. Fomby v. State, 120 Ga. App. 387 ( 170 SE2d 585 ); Steele v. State, 118 Ga. App. 433, 434 ( 164 SE2d 255 ); Steele v. United States, 267 U. S. 498, 503 (45 SC 414, 69 LE 757).” There being no”

quoted by 1 later decision, including 127 Ga. App. 72 - Buck v. State

Relies on Steele v. United States No. 1 · 120 Ga. App. 387 - Fomby v. State · 118 Ga. App. 433 - Steele v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1971-01-22

How this case has been cited

Cited by 18 later decisions — most recently August 2013

18 state decisions

12019711980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Jordan, Presiding Judge.

¶1 The appellants were arrested at an appartment rented by them in Clarke County, Ga., after a search of the apartment under a search warrant revealed quantities of marijuana and certain other alleged contraband. The search warrant described the premises as "Tara Apartment Building 103, Apartment #7, 134 Ashley Circle, Clarke County, Georgia. . . in the custody or control of Tommy Norman.” Motions were made to suppress the evidence on the ground that the search warrant was void because it did not "legally describe the place to be searched.” Upon the overruling of the motion in each case and a certificate for immediate review, the appellants enumerate error.

¶2 We affirm. A thorough review of the transcript clearly reveals that the description used in this warrant was specific enough to meet the requirements of the United States and Georgia Constitutions. Though the street address might be incorrectly shown, there was only one apartment building in this complex numbered 103, plainly marked, only one apartment #7 in that building, and only one apartment therein under the "custody or control of Tommy Norman.”

¶3 The description is sufficient if a prudent officer executing the warrant is able to locate the person and place definitely and with reasonable certainty. Fomby v. State, 120 Ga. App. 387 (170 SE2d 585); Steele v. State, 118 Ga. App. 433, 434 (164 SE2d *207 255); Steele v. United States, 267 U. S. 498, 503 (45 SC 414, 69 LE 757).

Argued January 8, 1971 — Decided January 22, 1971. Denny C. Galis, for appellants. Thomas W. Ridgway, District Attorney, John T. Strauss, for appellee.

¶4 Judgment affirmed.

Quillian and Evans, JJ., concur.
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