State v. Harber
Georgia Court of Appeals
401 S.E.2d 57, 198 Ga. App. 170 (1990)
- Written by Jennifer Flinn, JD
Facts
Harber (defendant) was charged with violating the Georgia Controlled Substances Act after university police obtained a warrant to search Harber’s off-campus residence and found evidence of drug activity. Under Georgia law, university police officers were duly certified officers of the state, and Georgia law allowed all officers of the state to obtain search warrants for a location, even if the location was outside the police officer’s jurisdiction. Harber filed a motion to suppress the evidence. The trial court granted Harber’s motion to suppress the evidence seized from his residence. In granting the motion, the trial court relied on a previous case from the Georgia appellate courts that held that the legislature had not granted university police the authority to obtain and execute search warrants on off-campus private residences. The government appealed.
Rule of Law
Issue
Holding and Reasoning (Carley, C.J.)
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