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Adams v. State

180 S.E.2d 262, 123 Ga. App. 206, 1971 Ga. App. LEXIS 1163
CourtCourt of Appeals of Georgia
DecidedJanuary 22, 1971
Docket45881, 45882, 45883
StatusPublished
Cited by20 cases

This text of 180 S.E.2d 262 (Adams v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. State, 180 S.E.2d 262, 123 Ga. App. 206, 1971 Ga. App. LEXIS 1163 (Ga. Ct. App. 1971).

Opinion

Jordan, Presiding Judge.

The appellants were arrested at an appartment rented by them in Clarke County, Ga., after a search of the apartment under a search warrant revealed quantities of marijuana and certain other alleged contraband. The search warrant described the premises as "Tara Apartment Building 103, Apartment #7, 134 Ashley Circle, Clarke County, Georgia. . . in the custody or control of Tommy Norman.” Motions were made to suppress the evidence on the ground that the search warrant was void because it did not "legally describe the place to be searched.” Upon the overruling of the motion in each case and a certificate for immediate review, the appellants enumerate error.

We affirm. A thorough review of the transcript clearly reveals that the description used in this warrant was specific enough to meet the requirements of the United States and Georgia Constitutions. Though the street address might be incorrectly shown, there was only one apartment building in this complex numbered 103, plainly marked, only one apartment #7 in that building, and only one apartment therein under the "custody or control of Tommy Norman.”

The description is sufficient if a prudent officer executing the warrant is able to locate the person and place definitely and with reasonable certainty. Fomby v. State, 120 Ga. App. 387 (170 SE2d 585); Steele v. State, 118 Ga. App. 433, 434 (164 SE2d *207 255); Steele v. United States, 267 U. S. 498, 503 (45 SC 414, 69 LE 757).

Argued January 8, 1971 — Decided January 22, 1971. Denny C. Galis, for appellants. Thomas W. Ridgway, District Attorney, John T. Strauss, for appellee.

Judgment affirmed.

Quillian and Evans, JJ., concur.

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Bluebook (online)
180 S.E.2d 262, 123 Ga. App. 206, 1971 Ga. App. LEXIS 1163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-gactapp-1971.