The Power of Motions to Suppress: Protecting Your Rights in Georgia

In the realm of criminal defense, a Motion to Suppress can be a powerful tool. It's a legal maneuver that I, Ed Napier, have successfully used in many cases to protect my clients' rights and challenge the legality of searches and seizures.

In Georgia, the law (O.C.G.A. § 17-5-30) provides a clear framework for these motions. According to this statute, a defendant who believes they've been subjected to an unlawful search and seizure can move the court to return their property (if its possession isn't otherwise unlawful) and suppress any evidence obtained through the unlawful search or seizure. This can be based on two grounds:

1. The search and seizure were conducted without a warrant, making them illegal.

2. The search and seizure were conducted with a warrant, but the warrant was insufficient, lacked probable cause, or was illegally executed.

The motion must be in writing and must state facts showing that the search and seizure were unlawful. The judge will then review evidence outside of the jury's presence to determine the motion. The burden of proving that the search and seizure were lawful falls on the state. If the motion is granted, the property is restored (unless it's subject to lawful detention), and it cannot be used as evidence against the defendant in any trial.

However, it's important to note that all motions to suppress, whether based on statutory or nonstatutory grounds, must state facts and not merely conclusions, as established in Boatright v. State, 192 Ga. App. 112, 385 S.E.2d 298, 1989 Ga. App. LEXIS 1213 (1989); Taylor v. State, 197 Ga. App. 678, 399 S.E.2d 213, 1990 Ga. App. LEXIS 1444 (1990).

As an experienced attorney practicing in Douglas County for over 17 years, I have a deep understanding of these legal intricacies. My office, located directly across the street from the Douglas County Courthouse, is strategically positioned to act swiftly and decisively on your behalf.

If you believe your rights have been violated through an unlawful search or seizure, a Motion to Suppress could be a critical step in your defense. With my extensive experience and strategic location, I am well-equipped to provide the defense you need. Remember, in the face of legal challenges, you are not alone. I am here to help you navigate these complex legal waters and fight for your rights.