How to Challenge an Illegal Search in Georgia Criminal and Juvenile Cases

In this article, we’ll cover the common situations where illegal search issues arise, the process for challenging these searches, and what happens if you’re successful in your challenge. We’ll also discuss some practical considerations that might affect your decision to pursue this option.

When Do Illegal Search Issues Arise in Georgia?

When we talk about illegal searches or seizures in Georgia cases, we’re typically looking at:

• Whether the officer’s initial contact with a person was lawful
• What actions the officer took during a search
• If the officer seized anything or anybody, and whether that seizure was legal

Common scenarios include:

• An officer approaching you and starting a conversation
• A traffic stop and whether there was a lawful reason for it
• Requests to search your car, house, bag, or other belongings
• Discoveries made during searches, such as alcohol (if you’re under 21), illegal drugs, or other evidence of a crime

These are all situations that might require a motion to suppress, which is the legal mechanism used to challenge illegally seized evidence or people.

How to Challenge an Illegal Search in Georgia

If you want to challenge an illegal search or seizure in Georgia, you need to:

1. File a motion to suppress: This is a formal court document submitted in your case that challenges the search or seizure.
2. Meet the filing deadline: These motions must be filed within 10 days of arraignment (typically your first court date). This deadline is critical—if you miss it, you could potentially waive your right to challenge these issues.
3. Attend a hearing: After filing, a hearing will be scheduled where the prosecution must prove that the search or seizure was lawful and that the evidence is admissible in court.
4. Present your case to a judge: A judge (not a jury) will hear the evidence and decide whether, as a matter of law, the evidence was legally or illegally searched or seized.

What Happens If You Successfully Challenge an Illegal Search?

If the judge determines that evidence was illegally obtained:

• The illegally obtained evidence is thrown out of the case
• This doesn’t necessarily mean the entire case is dismissed unless that evidence constitutes the entire case

For example, if an officer lawfully pulled someone over for speeding, then conducted an illegal search of the car and found alcohol (with the person being under 21):

• If the judge finds the search was illegal, the alcohol evidence would be excluded
• However, the speeding ticket would still be valid because it wasn’t connected to the illegal search

Practical Considerations When Challenging Searches

There are strategic aspects to consider beyond the legal procedure:

• Negotiation value: Even if you don’t pursue a full hearing, potential search issues can be valuable negotiating points with prosecutors
• Partial resolutions: You might use these issues to negotiate with prosecutors for a better resolution rather than risking having the entire case thrown out
• Case-specific goals: The decision should align with what you want to see happen in your particular case

The right approach depends on your individual goals and the specific circumstances of your case. Sometimes it makes more sense to challenge the legality of the search directly, while other times it might be better to use it as a negotiating point.

Getting Help With Your Case

If you believe an illegal search or seizure occurred in your criminal or juvenile case in Georgia, our team at Ghanouni Teen & Young Adult Defense Firm can help. We’ll evaluate your situation and determine the best strategy based on your goals.

Contact our office for a complimentary defense strategy meeting to see if we can assist with your case.

This article provides general information and is not specific legal advice for your case. If you need specific legal advice, please contact our office.