139 Ga. App. 389 - Campbell v. State’s Empirical Analysis
1976
Citation profile
11
cited by 11 later decisions
1
states following
September 1989
most recently cited
11 state decisions
Relationships
Relies on Terry v. Ohio · Spinelli v. United States · 122 Ga. App. 455 - Willis v. State · 126 Ga. App. 841 - Jones v. State · 129 Ga. App. 901 - Jackson v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“With particular regard to the `other persons' clause in this warrant, we note that this language gives police no authority to search persons other than [the specific person named in the warrant] unless such search falls within the ambit of Code Ann. § 27-309 [now OCGA § 17-5-28]. Language identical to that contained in this warrant was considered in our opinion, issued this month, in Smith v. State , 138 [sic] Ga. App. 129, wherein we stated that [OCGA § 17-5-28] `describes the maximum extent to which the particularity of description required by the Fourth Amendment may be encroached upon by the practical necessities of the search environment. [Cits.] Thus, if defendant's search is to be upheld on the basis of the warrant, the state must demonstrate that the officer acted under either of the two justifications provided by [OCGA § 17-5-28].' See also Wallace v. State, 131 Ga. App. 204 ( 205 SE2d 523 ). "[OCGA § 17-5-28] allows a very limited search of persons present on the premises at the time of the search to look only for weapons or for the items particularly described in the warrant.... "In conjunction with Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889), this right is limited to a pat-down of the person's outer clothing.”
1 later decision quote this exact passage“[OCGA § 17-5-28] allows a very limited search of persons present on the premises at the time of the search to look only for weapons or for the items particularly described in the warrant....”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.