State v. Bowers

Supreme Court of Georgia

State v. Bowers

265 S.E.2d 57, 245 Ga. 367, 1980 Ga. LEXIS 799

Supreme Court of Georgia·Decided March 4, 1980·No. 35506·Published·Cited by 2 cases

Opinion

Bowles, Justice.

We granted certiorari to review the decision of the Court of Appeals in Bowers v. State, 151 Ga. App. 46 (258 SE2d 623) (1979), wherein the trial court’s denial of appellant’s motion to suppress was reversed. Upon consideration by this court we find that the Court of Appeals was correct in holding that at the time of appellant’s arrest probable cause was absent, rendering the subsequent search invalid. Accordingly, we affirm.

Judgment affirmed.

All the Justices concur, except Marshall, J., who concurs in the judgment only.

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Bowles, Justice.

We granted certiorari to review the decision of the Court of Appeals in Bowers v. State, 151 Ga. App. 46 (258 SE2d 623) (1979), wherein the trial court’s denial of appellant’s motion to suppress was reversed. Upon consideration by this court we find that the Court of Appeals was correct in holding that at the time of appellant’s arrest probable cause was absent, rendering the subsequent search invalid. Accordingly, we affirm.

Judgment affirmed.

All the Justices concur, except Marshall, J., who concurs in the judgment only.

State v. Bowers, 265 S.E.2d 57, 245 Ga. 367, 1980 Ga. LEXIS 799 (Ga. 1980).

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Opinion

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