Credit: cunaplus/Shutterstock.com Appellate Ruling Is Good News for Defense Trial Lawyers Looking to Exempt Evidence
"A no-knock provision is permissible only when based on a neutral evaluation of each case's particular facts and circumstances, not on blanket provisions based on generalized experience," the Georgia Court of Appeals ruled.
January 05, 2023 at 01:54 PM
7 minute read
A Spalding County attorney has succeeded at getting evidence obtained against her client suppressed, after the Georgia Court of Appeals determined deputies utilized an invalid search warrant containing an improper no-knock provision.
In reversing the suppression motion denied by the Spalding County Superior Court, the intermediate appellate court ruled an occupant's discovery of officers' presence outside a property intended to be "searched for drugs" doesn't excuse law enforcement from a notice requirement when executing a search warrant.
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