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Criminal Law

: Fourth Amendment

GA: Search warrants are for things and places and things can move

By John Wesley Hall, Jr.

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Search warrant for package received at a mail drop was properly executed even though the package had been moved to defendant's car. Search warrants are for things and places, and things move. Ferguson v. State, 2008 Ga. App. LEXIS 676 (June 17, 2008): "[S]earch warrants are not directed at persons; they authorize the search of 'places' and the seizure of 'things,' and as a constitutional matter they need not even name the person from whom the things will be seized." (Citations and punctuation omitted.) Scott v. State, 213 Ga. App. 84, 86 (1) (444 SE2d 96) (1994). "If a search warrant, read as a whole, points out the premises, person or property to the exclusion of all others, and on inquiry leads the officers unerringly to them, it meets the description requirement...continue to full post

Full post as published by Fourth Amendment on June 22, 2008 (boomark / email).

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