GA 17-5-28 - GA 17-5-28

General Consideration Constitutionality. - This section is not void nor in violation of U.S. Const., amend. 14 in that the statute authorizes a search of the persons of citizens of the United States and of the State of Georgia without probable cause and without particularly describing the person to be searched or the articles to be seized. Wood v. State, 224 Ga. 121 , 160 S.E.2d 368 (1968). Applicability. - O.C.G.A. § 17-5-28 pertains only to searches conducted pursuant to a warrant. State v. Stephens, 167 Ga. App. 707 , 307 S.E.2d 518 (1983). Section defines how generalized searches can be constitutional. - This section describes the maximum extent to which U.S. Const., amend. 4 permits the particularity of description in a search warrant to be encroached by the practical necessities of t...