GA 17-5-30 - GA 17-5-30

1. In General Applicability to all motions to suppress. - So as not to create two procedures, one statutory and the other nonstatutory, all motions to suppress should be governed by O.C.G.A. § 17-5-30 to the extent possible. State v. Slaughter, 252 Ga. 435 , 315 S.E.2d 865 (1984). Applicable only to criminal defendants. - Since the companies were not criminal defendants, the company's appeal of the trial court's denial of a motion to suppress was inappropriate as O.C.G.A. § 17-5-30 did not apply; thus, the insurance commissioner did not have to prove the commissioner's authority to conduct an investigation and, since the law was clear on the appealed issues, the commissioner was entitled to a frivolous appeal penalty. Nat'l Viatical, Inc. v. State, 258 Ga. App. 408 , 574 S.E.2d 337 (2002)....