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183 Ga. App. 653

359 S.E.2d 736

Bruce v. State

Court of Appeals of Georgia

Decided July 13, 1987

Court of Appeals of Georgia · decided 1987-07-13

Cited by 4 later decisions — most recently March 1993

4 state decisions

Key passage — most relied on by later courts

“OCGA §§ 17-5-20 and 17-5-21 provide that any officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws may apply for a search warrant. OCGA § 17-5-24 also provides that “[t]he search warrant. . . shall be directed for execution to all peace officers of this state.” Accordingly, the City of Atlanta police officer/Fulton County deputy sheriff in this case was authorized to apply for and execute the search warrant in Clayton County. [Cit.]”

quoted by 1 later decision, including Davis v. State

Relies on 128 Ga. App. 501 - Fowler v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-07-13

View the full empirical analysis of this case →

Deen, Presiding Judge.

¶1 The appellant, Harry Wayne Bruce, was convicted of commercial gambling. The sole issue in his appeal is whether a City of Atlanta police officer, who is also a deputy sheriff of Fulton County, has the authority to apply for, obtain and execute a search warrant in Clayton County. OCGA §§ 17-5-20 and 17-5-21 provide that any officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws may apply for a search warrant. OCGA § 17-5-24 also provides that “[t]he search warrant. . . shall be directed for execution to all peace officers of this state.” Accordingly, the City of Atlanta police officer/Fulton County deputy sheriff in this case was authorized to apply for and execute the search warrant in Clayton County. See Fowler v. State, 128 Ga. App. 501 (197 SE2d 502) (1973).

¶2 Judgment affirmed.

Birdsong, C. J., and Pope, J., concur. *654 Robert E. Keller, District Attorney, Todd E. Naugle, Assistant District Attorney, for appellee.
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