Adams v. State, s. 45881-45883

Decision Date22 January 1971
Docket NumberNo. 2,Nos. 45881-45883,s. 45881-45883,2
Citation123 Ga.App. 206,180 S.E.2d 262
CourtGeorgia Court of Appeals
PartiesJohn E. ADAMS v. The STATE. William J. PAYNE v. The STATE. Tommy NORMAN v. The STATE

Denny C. Galis, Athens, for appellants.

Thomas W. Ridgway, Dist. Atty., Monroe, John T. Strauss, Athens, for appellee.

Syllabus Opinion by the Court

JORDAN, Presiding Judge.

The appellants were arrested at an apartment rented by them in Clarke County, Georgia after a search of the apartment under a search warrant revealed quantities of marijuana and certain other alleged contraband. The search warrant described the premises as 'Tara Apartment Building 103, Apartment #7, 134 Ashley Circle, Clarke County, Georgia, * * * in the custody or control of Tommy Norman.' Motions were made to suppress the evidence on the ground that the search warrant was void because it did not 'legally describe the place to be searched.' Upon the overruling of the motion in each case and a certificate for immediate review, the appellants enumerate error.

We affirm. A thorough review of the transcript clearly reveals that the description used in this warrant was specific enough to meet the requirements of the United States and Georgia Constitutions. Though the street address might be incorrectly shown, there was only one apartment building in this complex numbered 103, plainly marked, only one apartment #7 in that building, and only one apartment therein under the 'custody or control of Tommy Norman.'

The description is sufficient if a prudent officer executing the warrant is able to locate the person and place definitely and with reasonable certainty. Fomby v. State, 120 Ga.App. 387, 170 S.E.2d 585; Steele v. State, 118 Ga.App. 433, 434, 164 S.E.2d 255; Steele v. United States, 267 U.S. 498, 503, 45 S.Ct. 414, 69 L.Ed. 757.

Judgment affirmed.

QUILLIAN and EVANS, JJ., concur.

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19 cases
  • Jones v. State
    • United States
    • Georgia Court of Appeals
    • July 28, 1972
    ...warrant to locate the person and place definitely and with reasonable certainty, without depending upon his discretion. Admas v. State, 123 Ga.App. 206, 180 S.E.2d 262; Garner v. State, 124 Ga.App. 33, 35, 182 S.E.2d 902. The State failed to meet this criterion in the case at The descriptio......
  • Jackson v. State
    • United States
    • Georgia Court of Appeals
    • October 12, 1973
    ...warrant to locate the person and place definitely and with reasonable certainty, without depending upon his discretion. Adams v. State, 123 Ga.App. 206, 180 S.E.2d 262; Garner v. State, 124 Ga.App. 33, 35, 182 S.E.2d 902.' Jones v. State, 126 Ga.App. 841, 842, 192 S.E.2d 171, 173, ( c) The ......
  • Overstreet v. State
    • United States
    • Georgia Court of Appeals
    • December 5, 1974
    ...Jones v. State, 126 Ga.App. 841, 842, 192 S.E.2d 171, 173; Garner v. State, 124 Ga.App. 33, 35, 182 S.E.2d 902; Adams v. State, 123 Ga.App. 206, 180 S.E.2d 262. While the evidence shows that there were several apartment buildings in the vicinity, there is no indication that the other apartm......
  • Bing v. State
    • United States
    • Georgia Court of Appeals
    • March 17, 1986
    ...giving the street address, city, county, and state. See Jackson v. State, 129 Ga.App. 901(1b), 201 S.E.2d 816 (1973); Adams v. State, 123 Ga.App. 206, 180 S.E.2d 262 (1971). Appellant continues his assault upon the search of his bedroom by asserting that the "multiple occupancy structure" r......
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