Georgia Commons

Title 17. CRIMINAL PROCEDURE

Chapter 5. SEARCHES AND SEIZURES

30 sections · 17-5-1 to 17-5-100

Article 1. SEARCHES WITHOUT WARRANTS

  1. 17-5-1Search pursuant to lawful arrest authorized.
  2. 17-5-2Inventory of items seized without search warrant to be given to person arrested and judicial officer before whom person arrested taken; return of items.

Article 2. SEARCHES WITH WARRANTS

  1. 17-5-20Requirements for issuance of search warrant generally.
  2. 17-5-21Grounds for issuance of search warrant; scope of search pursuant to search warrant; issuance by retired judge or judge emeritus.
  3. 17-5-21.1Issuance of search warrants by video conference.
  4. 17-5-22Issuance of search warrants by judicial officers generally; maintenance of docket record of warrants issued.
  5. 17-5-23Command of search warrant.
  6. 17-5-24Officers authorized to execute search warrants.
  7. 17-5-25Execution of search warrant generally.
  8. 17-5-26When search warrant may be executed.
  9. 17-5-27Use of force in execution of search warrant.
  10. 17-5-28Detention and search of persons on premises.
  11. 17-5-29Written return of items seized; filing and signing of inventory; delivery of copies of inventory.
  12. 17-5-30Motion to suppress evidence illegally seized generally.
  13. 17-5-31Quashing warrant or suppressing evidence because of technical irregularity not affecting substantial rights of accused.
  14. 17-5-32Search and seizure of documentary evidence in possession of attorney; exclusion of illegally obtained evidence.

Article 3. DISPOSITION OF PROPERTY SEIZED

  1. 17-5-50Property unlawfully obtained; rights of owner; hearing; admissibility of photographs in lieu of original property; representation of unknown or absent defendants; statements made by defendant or agent at trial.
  2. 17-5-51Civil forfeiture of weapons used in commission of crime, possession of which constitutes crime or delinquent act, or illegal concealment generally.
  3. 17-5-52Disposition of weapons used in commission of crime or delinquent act involving possession; civil forfeiture.
  4. 17-5-52.1Disposal of forfeited or abandoned firearms; innocent owners; auctions; record keeping; liability of government entities.Repealed
  5. 17-5-53Disposition of devices with historical or instructional value.
  6. 17-5-54Definitions; disposition of personal property in custody of law enforcement agency.
  7. 17-5-55Designation of custodian for introduced evidence; evidence log; storage, maintenance, and disposal of evidence.
  8. 17-5-56Maintenance of physical evidence containing biological material.

Article 4. INVESTIGATING SEXUAL ASSAULT

  1. 17-5-70Definitions.
  2. 17-5-71Preservation of evidence.
  3. 17-5-72Right to free forensic medical examination.
  4. 17-5-73Victim’s right to refuse request for polygraph examinations or other truth-telling devices.
  5. 17-5-74Unreported sexual assault kits; definitions; state-wide tracking system; requirements; implementation; reporting; jurisdiction; liability; regulatory authority.

Article 5. IMMIGRANTS

  1. 17-5-100Investigation of illegal alien status.