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131 Ga. App. 175

205 S.E.2d 529

Cadle v. State

Court of Appeals of Georgia

Decided March 6, 1974

Court of Appeals of Georgia · decided 1974-03-06

Relies on 117 Ga. App. 69 - Brannen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-03-06

How this case has been cited

Cited by 5 later decisions — most recently May 2003

5 state decisions

301974198019902000decided

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.

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Bell, Chief Judge.

¶1 A motion to suppress "shall be in writing and state facts showing wherein the search and seizure were unlawful.” Code Ann. § 27-313 (b); Brannen v. State, 117 Ga. App. 69 (159 SE2d 476). The motion here alleged as grounds that "The affidavit was illegally executed in that it contains materially false allegations or information; that the place to be searched is vaguely and inaccurately described; the procedures for effectuating and reporting searches were not duly followed; and that the search was without probable cause and not supported by the warrant. The affidavit is facially insufficient.” Not one fact was alleged which would show that the search and seizure were unlawful. The motion to suppress was procedurally defective and the trial judge correctly dismissed the motion without hearing any evidence.

¶2 Judgment affirmed.

Quillian and Clark, JJ, concur.
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