GA 17-16-22 - GA 17-16-22

JUDICIAL DECISIONS Purpose. - Purpose of O.C.G.A. § 17-16-22 is to avoid surprises. Mowery v. State, 234 Ga. App. 801 , 507 S.E.2d 821 (1998). Roadside questioning not custodial statements. - Statements that the defendant challenged were made during roadside questioning after a routine traffic stop before the defendant was formally arrested; therefore, the roadside statements were not custodial statements subject to the production requirements in O.C.G.A. § 17-16-22(a) and (b). Daugherty v. State, 248 Ga. App. 181 , 546 S.E.2d 310 (2001). Application of exclusionary rule. - Exclusionary rule of O.C.G.A. § 17-16-22 applies only if the state fails altogether to furnish discovery material, and thus, if material is furnished late, the proper remedy may be, in the court's discretion, a continua...