Title 17 — Criminal Procedure
0 chapters · 345 sections in this title.
O.C.G.A. § 17-5-1 State v
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Edwards, 307 Ga. App. 267, 704 S.E.2d 816 (2010). Search of cell phone incident to lawful arrest was proper. — When evidence showed that the defendant’s cell phone was an instrumentality of the crime of cocaine trafficking and that the details of the drug transaction were arrange…
O.C.G.A. § 17-5-100 Investigation of illegal alien status
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(a) As used in this Code section, the term: (1) ‘‘Criminal violation’’ means a violation of state or federal criminal law but shall not include a violation of a county or municipal law, regulation, or ordinance. (2) ‘‘Illegal alien’’ means a person who is verified by the federal g…
O.C.G.A. § 17-5-2 Search warrants, §§17-5-20 to 17-5-32
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WEAPONS. Bail restricted offense. Unsecured judicial release, offenses not eligible for. Certain firearms offenses, §17-6-12. Carrying weapons. Forfeiture. Civil forfeitures, §§17-5-51, 17-5-52. Disposition of weapon used in commission of crime, §17-5-52. Concealed weapons. Carryi…
O.C.G.A. § 17-5-20 Requirements for issuance of search warrant generally
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(a) A search warrant may be issued only upon the application of an officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws or a currently certified peace officer engaged in the course of official duty, whether said officer is employ…
O.C.G.A. § 17-5-21 Requirements generally, §17-5-20
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Time and date. Required, §17-5-22. Video conference, §17-5-21.1. Who may apply, §17-5-20. Who may issue, §17-5-21. Judges emeritus, §17-5-21. Retired judges, §17-5-21. Officers authorized to execute, §17-5-24. Quashing because of technical irregularities, §17-5-31. Video conferen…
O.C.G.A. § 17-5-21.1 Issuance of search warrants by video conference
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(a) A judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference. The iss…
O.C.G.A. § 17-5-23 Command of search warrant
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The search warrant shall command the officer directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, articles, or things particularly described in the search warrant. History. — Ga. L. 1966, p. 567, § 7.
O.C.G.A. § 17-5-24 Officers authorized to execute search warrants
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The search warrant shall be issued in duplicate and shall be directed for execution to all peace officers of this state. However, the judicial officer may direct the search warrant to be executed by any peace officer named specially therein. History. — Ga. L. 1966, p. 567, § 5.
O.C.G.A. § 17-5-25 Execution of search warrant generally
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The search warrant shall be executed within ten days from the time of issuance. If the warrant is executed, the duplicate copy shall be left with any person from whom any instruments, articles, or things are seized; or, if no person is available, the copy shall be left in a consp…
O.C.G.A. § 17-5-26 Warrantless searches, §§17-5-1, 17-5-2
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SECOND DEGREE CRUELTY TO CHILDREN. Child witnesses. Presence of accused, testimony outside of, §17-8-55. SELF-INCRIMINATION. Accused. Privilege against. No presumption, no comment on failure to testify. Commitment hearings, §17-7-28. 1645 INDEX SELF-INCRIMINATION —Cont’d Law enfo…
O.C.G.A. § 17-5-27 Use of force in execution of search warrant
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All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant if, after verbal notice or an attempt in good faith to give verbal notice by the officer directed to execute the same of his authority and p…
O.C.G.A. § 17-5-28 State v
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Holmes, 240 Ga. App. 332, 525 S.E.2d 698 (1999). Persons entering during search must be authorized. — Right to search those coming in while a search of the premises is going on, when such search is expressly authorized by the warrant, must be shown by the grounds of probable caus…
O.C.G.A. § 17-5-29 Scope of search
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Permissible scope, §17-5-21. Searches without warrants, §§17-5-1, 17-5-2. Search warrants, §§17-5-20 to 17-5-32.
O.C.G.A. § 17-5-30 State v
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Johnston, 160 Ga. App. 71, 286 S.E.2d 47 (1981), aff ’d, 249 Ga. 413, 291 S.E.2d 543 (1982). Burden of proof concerning intoximeter test’s legality. — State has burden of proving that seizure of appellee’s breath resulting in the intoximeter results is in accordance with mandated…
O.C.G.A. § 17-5-32 Sentence and punishment
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Death penalty generally, §§17-10-30 to 17-10-44. Mentally incompetent to be executed, §§17-10-60 to 17-10-71. Procedure for sentencing and imposition of punishment, §§17-10-1 to 17-10-21. Trial. Conduct and argument of counsel, §§17-8-70 to 17-8-76. Conduct of proceedings, §§17-8…
O.C.G.A. § 17-5-50 Sentencing
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Presentence hearings in felony cases, §17-10-2. HIGH SCHOOL DIPLOMA OR EQUIVALENT. Sentencing. Minor defendant without, §17-10-1. HIGHWAYS, ROADS AND STREETS. Department of transportation. Memorial erected on state highway. Crime victim compensation. Victim of homicide by vehicle…
O.C.G.A. § 17-5-53 Disposition of devices with historical or instructional value
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17-5-54. Definitions; disposition of personal property in custody of law enforcement agency. 17-5-55. Designation of custodian for introduced evidence; evidence log; storage, maintenance, and disposal of evidence. 17-5-56. Maintenance of physical evidence containing biological mat…
O.C.G.A. § 17-5-54 Boone v
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Sheriff of Lowndes County, 232 Ga. App. 601, 502 S.E.2d 535, 1998 Ga. App. LEXIS 768 (1998) (decided under former O.C.G.A. § 16-13-49). Libel condemnation proceeding was a special statutory proceeding governed by former O.C.G.A. § 16-1349, which must be strictly construed. Lang v…
O.C.G.A. § 17-5-55 Failure of accused to testify
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No presumption, no comment. Commitment hearings, §17-7-28. Hearsay. Criminal commitment or preliminary hearing. Admissibility, §§17-4-40, 17-7-28. Inventory of evidence after verdict and judgment. Custodian of evidence, §17-5-55. Mental health. Examination admissibility, §17-7-13…
O.C.G.A. § 17-5-56 SCHOOLS AND EDUCATION
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Arrest warrants. Issuance for arrest of teachers or school administrators. Alleged offense committed in performance of duties, §17-4-40. Assault and battery. Simple assault against employee of public school system. Child witnesses. Presence of accused, testimony outside of, §17-8…
O.C.G.A. § 17-5-70 Definitions
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As used in this article, the term: (1) ‘‘Forensic medical examination’’ means an examination by a health care provider of a person who is a victim of a sexual assault. Such examination shall include a physical examination, documentation of biological and physical findings, and col…
O.C.G.A. § 17-5-71 Preservation of evidence
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(a) In cases in which the victim reports an alleged sexual assault to law enforcement, the investigating law enforcement agency shall maintain any physical evidence collected as a result of an alleged sexual assault that contains biological material, including, but not limited to…
O.C.G.A. § 17-5-72 Right to free forensic medical examination
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A victim shall have the right to have a forensic medical examination regardless of whether the victim participates in the criminal justice 333 T.17, C.5, A.5 system or cooperates with law enforcement in pursuing prosecution of the underlying crime. A victim shall not be required …
O.C.G.A. § 17-5-73 Preservation of evidence
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Failure of victim to cooperate, §17-5-71. Right to free forensic medical examination, §17-5-72. Sodomy victims. Written statements of information for victims, §§17-18-1, 17-18-2. VICTIMS OF CRIMES —Cont’d Son of Sam law, §§17-14-30 to 17-14-32. Contract regarding reenactment of c…