Georgia Statutes

§ 17-5-30 — Motion to suppress evidence illegally seized generally

Georgia § 17-5-30

This text of Georgia § 17-5-30 (Motion to suppress evidence illegally seized generally) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O.C.G.A. § 17-5-30 (2026).

Text

(a)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:
(1)The search and seizure without a warrant was illegal; or (2) 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.
(b)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 st

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Bluebook (online)
Georgia § 17-5-30, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/17-5-30.