Georgev.The State
CourtSupreme Court of Georgia
Docket No.S21G0429
DecidedNovember 2, 2021
Reporter312 Ga. 801
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureSearch WarrantEvidenceVacaturRemand
Case Summary
Harold William George was convicted of child molestation and related offenses after the trial court admitted evidence seized from his home. The Supreme Court of Georgia held that the Court of Appeals had applied an incorrect rule when it concluded that officers could seize evidence merely because it was relevant even though it fell outside the search warrant’s scope. The Court vacated the Court of Appeals’ opinion and remanded with instructions for that court to vacate the trial court’s order and reconsider the motion for new trial under the correct Fourth Amendment analysis.
Opinion
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