GA Code § 17-5-30 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 2 - Searches With Warrants|§ 17-5-30. Motion to Suppress Evidence Illegally Seized Generally

  A defendant aggrieved by an unlawful search and seizure may move the court for the return of property, the possession of which is not otherwise unlawful, and to suppress as evidence anything so obtained on the grounds that:   The search and seizure without a warrant was illegal; or   The search and seizure with a warrant was illegal because the warrant is insufficient on its face, there was not probable cause for the issuance of the warrant, or the warrant was illegally executed.     The motion shall be in writing and state facts showing that the search and seizure were unlawful. The judge shall receive evidence out of the presence of the jury on any issue of fact necessary to determine the motion; and the burden of proving that the search and seizure were lawful shall be on the state. If the motion is granted the property shall be restored, unless otherwise subject to lawful detention, and it shall not be admissible in evidence against the movant in any trial.   The motion shall be made only before a court with jurisdiction to try the offense. If a criminal accusation is filed or if an indictment or special presentment is returned by a grand jury, the motion shall be made only before the court in which the accusation, indictment, or special presentment is filed and pending.    (Ga. L. 1966, p. 567, § 13.)   Cross references.   - Appeal by state from order, decision, or judgment sustaining motion to suppress evidence illegally seized, § 5-7-1.   Law reviews.   - For article discussing limited application of this section by the state appellate courts and advocating a state exclusionary rule, see 11 Ga. L. Rev. 105 (1976). For article surveying developments in Georgia criminal law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 95 (1981). For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For annual survey on criminal law and procedure, see 42 Mercer L. Rev. 141 (1990). For note, "Arizonia v. Evans: Carving Out Another Good-Faith Exception to the Exclusionary Rule," see 47 Mercer L. Rev. 1135 (1996). For note, "United States v. Patane: The Supreme Court's Continued Assault on Miranda," see 56 Mercer L. Rev. 1499 (2005). For comment on Talbert v. State, 224 Ga. 291, 161 S.E.2d 279 (1968), see 5 Ga. St. B.J. 256 (1968). For comment on Connally v. State, 237 Ga. 203, 227 S.E.2d 352, see 11 Ga. L. Rev. 200 (1976). For comment on warrantless search of defendant's home, see 41 Emory L.J. 321 (1992).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Searches   Informants   Identification Procedures   Applicability   A. In General   B. Driving Under the Influence   C. Searches   D. Traffic Stops   Warrants and Affidavits   Evidence Acquired Unlawfully   Requirements for Motion   Hearing Procedure   Appeals    RESEARCH REFERENCES   Am. Jur. 2d.   - 29 Am. Jur. 2d, Evidence, §§ 584, 598, 603, 604, 627, 633, 636, 640.   ALR.    - Right to recover property held by public authorities as evidence for use in a criminal trial, 13 A.L.R. 1168.    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 documents 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.    Jurisdiction to quash search warrant and order return of property seized in liquor cases under federal statutes, 65 A.L.R. 1246.    Right of employee having control of articles for employer to avail himself of rule which excludes evidence obtained by unlawful search and seizure, 86 A.L.R. 346.    Previous illegal search for or seizure of property as affecting validity of subsequent search warrant or seizure thereunder, 143 A.L.R. 135.   Authority to consent for another to search or seizure, 31 A.L.R.2d 1078.   Search warrant: sufficiency of showing as to time of occurrence of facts relied on, 100 A.L.R.2d 525.   Violation of federal constitutional rule (Mapp v. Ohio) excluding evidence obtained through unreasonable search or seizure, as constituting reversible or harmless error, 30 A.L.R.3d 128.   "Fruit of the poisonous tree" doctrine excluding evidence derived from information gained in illegal search, 43 A.L.R.3d 385.   Search and seizure: "furtive" movement or gesture as justifying police search, 45 A.L.R.3d 581.   Lawfulness of "inventory search" of motor vehicle impounded by police, 48 A.L.R.3d 537.   Censorship and evidentiary use of unconvicted prisoners' mail, 52 A.L.R.3d 548.   Admissibility of evidence discovered in search of defendant's property or residence authorized by domestic employee or servant, 99 A.L.R.3d 1232.   Admissibility of evidence discovered in search of defendant's property or residence authorized by defendant's spouse (resident or nonresident) - state cases, 1 A.L.R.4th 673; 65 A.L.R.5th 407.   Propriety in state prosecution of severance of partially valid search warrant and limitation of suppression to items seized under invalid portions of warrant, 32 A.L.R.4th 378.   Officer's ruse to gain entry as affecting admissibility of plain-view evidence - modern cases, 47 A.L.R.4th 425.   Search and seizure: necessity that police obtain warrant before taking possession of, examining, or testing evidence discovered in search by private person, 47 A.L.R.4th 501.   Seizure of books, documents, or other papers 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.   Admissibility of evidence discovered in warrantless search of rental property authorized by lessor of such property - state cases, 61 A.L.R.5th 1.   Searches and seizures: Reasonable expectation of privacy in contents of garbage or trash receptacle, 62 A.L.R.5th 1.   Belief that burglary is in progress or has recently been committed as exigent circumstance justifying warrantless search of premises, 64 A.L.R.5th 637.   Search and seizure: reasonable expectation of privacy in tent or campsite, 66 A.L.R.5th 373.   Admissibility of evidence discovered in search of defendant's property or residence authorized by one, other than relative, who is cotenant or common resident with defendant - state cases, 68 A.L.R.5th 343.   Civilian participation in execution of search warrant as affecting legality of search, 68 A.L.R.5th 549.   Effect of retroactive consent on legality of otherwise unlawful search and seizure, 76 A.L.R.5th 563.   Permissibility and sufficiency of warrantless use of thermal imager or Forward Looking Infra-Red Radar (F.L.I.R.), 78 A.L.R.5th 309.   Adequacy of defense counsel's representation of criminal client regarding search and seizure issues - Pretrial motions - Suppression motions where warrant was involved, 72 A.L.R.6th 1.   Admissibility of evidence discovered in search of defendant's property or residence authorized by defendant's adult relative other than spouse, 160 A.L.R. Fed. 165.