Case Conclusion Date:February 2, 2004
Practice Area:Criminal Defense
Outcome:Trial judge refused to suppress search; overturned on appeal.
Description:277 Ga. 543, 592 S.E.2d 668 (2004) - Georgia Supreme Court reversed trial judge's. This is part of the high court's holding: "In Case Number S03A1414, the trial court correctly upheld the constitutionality of OCGA § 16–13–49(s)(1), but erred in finding the existence of probable cause to search Banks' residence for drugs. Accordingly, the judgment of forfeiture as to the contraband and the money must be reversed..."