GA Code § 17-5-21 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 2 - Searches With Warrants|§ 17-5-21. Grounds for Issuance of Search Warrant; Scope of Search Pursuant to Search Warrant; Issuance by Retired Judge or Judge Emeritus

  Upon the written complaint of any certified peace officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws and otherwise as authorized in Code Section 17-5-20 under oath or affirmation, which states facts sufficient to show probable cause that a crime is being committed or has been committed and which particularly describes the place or person, or both, to be searched and things to be seized, any judicial officer authorized to hold a court of inquiry to examine into an arrest of an offender against the penal laws, referred to in this Code section as "judicial officer," may issue a search warrant for the seizure of the following:   Any instruments, articles, or things, including the private papers of any person, which are designed, intended for use, or which have been used in the commission of the offense in connection with which the warrant is issued;   Any person who has been kidnapped in violation of the laws of this state, who has been kidnapped in another jurisdiction and is now concealed within this state, or any human fetus or human corpse;   Stolen or embezzled property;   Any item, substance, object, thing, or matter, the possession of which is unlawful; or   Any instruments, articles or things, any information or data, and anything that is tangible or intangible, corporeal or incorporeal, visible or invisible evidence of the commission of the crime for which probable cause is shown, other than the private papers of any person.     When the peace officer is in the process of effecting a lawful search, nothing in this Code section shall preclude such officer from discovering or seizing any stolen or embezzled property, any item, substance, object, thing, or matter, the possession of which is unlawful, or any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible evidence of the commission of a crime against the laws of this state, the United States, or another state. Other personnel, sworn or unsworn, acting under the direction of a peace officer executing a search warrant may assist in the execution of such warrant. While in the process of effecting a lawful arrest or lawful search, nothing in this Code section nor in Code Section 16-11-62 shall be construed to preclude the use of any device, as such term is defined in Code Section 16-11-60, by the peace officer executing the search warrant or other personnel assisting in the execution of such warrant.   Any retired judge or judge emeritus of a state court may issue search warrants as authorized by this Code section if authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued.   Notwithstanding any provisions of Code Section 17-5-20 or other provisions of this Code section to the contrary, with respect to the execution of a search warrant by a certified peace officer employed by a university, college, or school, which search warrant will be executed beyond the arrest jurisdiction of a campus policeman pursuant to Code Section 20-3-72, the execution of such search warrant shall be made jointly by the certified peace officer employed by a university, college, or school and a certified peace officer of a law enforcement unit of the political subdivision wherein the search will be conducted.    (Ga. L. 1966, p. 567, § 3; Ga. L. 1985, p. 1105, § 2; Ga. L. 1990, p. 1980, §§ 2, 3; Ga. L. 2015, p. 1046, § 3/SB 94.)   Law reviews.   - For annual survey on criminal law, see 65 Mercer L. Rev. 79 (2013). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 79 (2015). For note on 1990 amendment of this Code section, see 7 Ga. St. U.L. Rev. 261 (1990). For comment on Johnson v. State, 111 Ga. App. 298, 141 S.E.2d 597 (1965), see 17 Mercer L. Rev. 479 (1966). For comment discussing satisfaction of probable cause requirement for issuance of search warrant by reasonable inference in light of Murphy v. State, 238 Ga. 725, 234 S.E.2d 911 (1977), see 29 Mercer L. Rev. 347 (1977).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Sufficiency of Warrant   Seizure of Contraband Not in Warrant    OPINIONS OF THE ATTORNEY GENERAL    Probate judges have the authority to issue search warrants.  1983 Op. Att'y Gen. No. U83-13.   Police must show informer reliable if tip basis of warrant.   - If a warrant is to be obtained on basis of an informant's tip, the officer must set forth some of the underlying circumstances indicating that the informant is reliable. 1973 Op. Att'y Gen. No. U73-14.   Search and seizure of pharmaceutical prescriptions.   - Any law enforcement official who has obtained a search warrant may lawfully search and seize prescriptions retained for inspection by a pharmacy as required by law. 1970 Op. Att'y Gen. No. 70-112.   Chief drug inspector of the State Board of Pharmacy and the inspector's assistants have the authority to make arrests for violations of Georgia Code Annotated T. 79A (see O.C.G.A. Ch. 13, T. 16) and to search and seize evidence necessary for the presentation before courts or before the State Board of Pharmacy; the chief drug inspector and the inspector's assistants do not have the authority to seize prescriptions from a pharmacy without properly acquiring a valid search warrant. 1970 Op. Att'y Gen. No. 70-112.   Campus police may execute affidavits for search warrants.   - Campus police and security personnel are officers of the state within the meaning of this section and are authorized to execute the affidavits necessary for the procurement of a search warrant. 1970 Op. Att'y Gen. No. 70-69.   Campus police may search if granted arrest powers.   - Individuals who have been granted arrest powers on premises under the jurisdiction of the Board of Regents are authorized to conduct searches. 1969 Op. Att'y Gen. No. 69-172.   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Searches and Seizures, § 176 et seq.   ALR.    - Power to issue warrant for search of train, 7 A.L.R. 121.    Admissibility of evidence obtained by illegal search and seizure, 24 A.L.R. 1408; 32 A.L.R. 408; 41 A.L.R. 1145; 52 A.L.R. 477; 88 A.L.R. 348; 134 A.L.R. 819; 150 A.L.R. 566: 50 A.L.R.2d 531.    Right to enforce production of papers or document by subpoena duces tecum or other process, as affected by unlawful means by which the knowledge of their existence was acquired, 24 A.L.R. 1429.    Civil liability for improper issuance of search warrant or proceedings thereunder, 45 A.L.R. 605.    Proceeding to obtain search warrant as judicial proceeding within rule of privilege in libel and slander, 58 A.L.R. 723.    Illustrations of distinction, as regards search and seizure, between papers or other articles which merely furnish evidence of crime, and the actual instrumentalities of crime, 129 A.L.R. 1296.   Sufficiency of affidavit for search warrant based on affiant's belief, based in turn on information, investigation, etc., by one whose name is not disclosed, 14 A.L.R.2d 605.   Sufficiency of description in search warrant of automobile or other conveyance to be searched, 47 A.L.R.2d 1444.   Search warrant: sufficiency of showing as to time of occurrence of facts relied on, 100 A.L.R.2d 525.   Propriety of considering hearsay or other incompetent evidence in establishing probable cause for issuance of search warrant, 10 A.L.R.3d 359.   Search warrant: sufficiency of description of apartment or room to be searched in multiple-occupancy structure, 11 A.L.R.3d 1330.   Disputation of truth of matters stated in affidavit in support of search warrant - modern cases, 24 A.L.R.4th 1266.   Books, documents, or other papers: seizure under search warrant not describing such items, 54 A.L.R.4th 391.   Search conducted by school official or teacher as violation of fourth amendment or equivalent state constitutional provision, 31 A.L.R.5th 229.   Validity of anticipatory search warrants - state cases, 67 A.L.R.5th 361.