268 Ga. 238 - Franks v. State

How this case has been cited

Cited by 47 later decisions — most recently November 2023 · most notably Kirby. v. State (2018), Willis v. State (2018)

47 state decisions

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.

Sears, Justice,

¶1concurring.

¶2Although I believe that police officers have the responsibility, as part of routine booking questioning, to ask medical questions that are necessary to fulfill the State’s obligation to provide medical treatment to its inmates, I also believe that (1) when officers, such as the one in this case, know the nature of an injury that a suspect received during the commission of a crime, they should carefully phrase their medical questions so that they tend not to elicit incriminating evidence from the suspect,5 and that (2) under the circumstances of this case, the officer’s question regarding how Franks received his injury was not so limited, and amounted to an interrogation that was not exempted from the requirements of Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). I therefore concur in the majority opinion.

¶3 Of course, this admonition is inapplicable if the suspect has been read his Mirandarights and has made a valid waiver thereof.