GA 17-4-20 - GA 17-4-20

6. Consent Probable cause and a warrant are not required for a search and seizure which is conducted pursuant to consent. Dawson v. State, 166 Ga. App. 199 , 303 S.E.2d 532 (1983). Mere acquiescence to authority of officer did not substitute for free and voluntary consent. - Despite the fact that the trial court concluded that the second of two defendant's warrantless arrest was unauthorized under O.C.G.A. § 17-4-20(a) , because mere acquiescence to the authority asserted by a police lieutenant by both the defendants could not substitute for a free and voluntary consent to search, the trial court erred in finding that the acquiescence granted valid consent to the officer. Thus, the trial court's grant of the motions to suppress was reversed, in part. Hollenback v. State, 289 Ga. App. 516 ,...