State v Smith – Search and Seizure is illegal without a warrant affidavit in Court
Smith v. State, A13A1119, November 7, 2013. The Georgia Court of Appeals reversed the denial of a motion to suppress the seizure of marijuana plants as the State failed to produce the warrant affidavit in court along with the warrant and the testimony of the Officer at the motion to suppress hearing. There are three […]
Read MoreFelton v State – A12A0244 – July 3 2013 – Pat Downs are not automatic
Felton v. State, A13A0244 – July 3, 2013. Hands Off Officer! – Marijuana Suppressed After Illegal Pat-down – Houston County, Warner Robins, Georgia. A “heated verbal argument” between a Houston County woman and a man, later identified as Jermoris Felton, was witnessed by a concerned citizen who called the police. Upon the arrival of the […]
Read MoreAfter Election, States With Legalized Recreational Marijuana Face Issue of Statutory Vagueness
Now that recreational use of marijuana is soon to be legal in Colorado and Washington, state law enforcement, legislators, and prosecutors have expressed concern about how best to handle marijuana DUI charges. Their concerns are twofold: what is the best way to test for active THC in individuals, and at what threshold of THC should […]
Read MoreA Drug Conviction Can Make You Ineligible for Government College Scholarships and Financial Aid
Did you know that a conviction for illegal drug use or possession can result in the loss of State and Federal student aid, including the Georgia HOPE scholarship? Further, a criminal conviction can cause you to be thrown out of some State colleges and universities. Before you plead guilty to any drug offense or DUI […]
Read MoreEngland v. State, A09A2181, December 2, 2009
In England v. State, A09A2181, December 2, 2009, the Georgia Court of Appeals held in Forsyth County DUI arrest heard in Cumming, Georgia, that when asked by a police officer for a breath test under the implied consent law and the driver replies “I would rather have a blood test” is not a request for an […]
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