2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-21 - Grounds for issuance of search warrant; scope of search pursuant to search warrant; issuance by retired judge or judge emeritus

(a)
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:
(1)
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;
(2)
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;
(3)
Stolen or embezzled property;
(4)
Any item, substance, object, thing, or matter, the possession of which is unlawful; or
(5)
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.
(b)
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.
(c)
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.
(d)
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.
Amended by 2015 Ga. Laws 173,§ 3, eff. 7/1/2015.