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2018 Georgia Code 17-16-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-16-22 Case Law from Google Scholar Amendments to OCGA 17-16-22

TITLE 17 CRIMINAL PROCEDURE

Section 16. Discovery, 17-16-1 through 17-16-23.

ARTICLE 2 MISDEMEANOR CASES

17-16-22. Right of defendant to copy of statement given while in police custody; failure of prosecution to comply; evidence discovered after filing of request.

  1. At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by the defendant while in police custody.The defendant may make such request for a copy of any such statement, in writing, within any reasonable period of time prior to trial.
  2. If the defendant's statement is oral or partially oral, the prosecution shall furnish, in writing, all relevant and material portions of the defendant's statement.
  3. Failure of the prosecution to comply with a defendant's timely written request for a copy of such defendant's statement, whether written or oral, shall result in such statement being excluded and suppressed from the prosecution's use in its case-in-chief or in rebuttal.
  4. If the defendant's statement is oral, no relevant and material, incriminating or inculpatory, portion of the statement of the defendant may be used against the defendant unless it has been previously furnished to the defendant, if a timely written request for a copy of the statement has been made by the defendant.
  5. This Code section shall not apply to evidence discovered after a request has been filed.If a request has been filed, such evidence shall be produced as soon as possible after it has been discovered.

(Code 1981, §17-16-22, enacted by Ga. L. 1994, p. 1895, § 4.)

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 continuance upon proper request by the accused. Mowery v. State, 234 Ga. App. 801, 507 S.E.2d 821 (1998).

Evidence otherwise admitted without objection.

- Even if the state failed to reply to a request for a copy of a uniform traffic citation showing the defendant's refusal to submit to a breath test, any error in admitting the uniform traffic citation into evidence was harmless as the arresting officer testified without objection that the defendant refused to submit to a breath test and the defendant admitted at trial that the defendant refused to take a breath test. Johnson v. State, 234 Ga. App. 58, 506 S.E.2d 212 (1998).

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