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2018 Georgia Code 17-20-1 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

Section 20. Identification Procedures for Live Lineups, Photo Lineups, and Showups, 17-20-1 through 17-20-3.

ARTICLE 2 MISDEMEANOR CASES

17-20-1. Definitions.

As used in this chapter, the term:

  1. "Fillers" means individuals who are not suspects.
  2. "Law enforcement agency" means a governmental unit of one or more individuals employed full time or part time by the state, a state agency or department, or a political subdivision which performs as its principal function activities relating to preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
  3. "Live lineup" means an identification procedure in which a suspect and fillers are displayed in person to a witness.
  4. "Photo lineup" means an identification procedure in which a photograph of a suspect and photographs of fillers are displayed to a witness, either in hard copy form or via computer.
  5. "Showup" means an identification procedure in which a witness is presented with a single individual.
  6. "Suspect" means the individual believed by law enforcement to be the possible perpetrator of an alleged crime.
  7. "Witness" means an individual who observes an alleged crime.

(Code 1981, §17-20-1, enacted by Ga. L. 2015, p. 1046, § 4/SB 94.)

Law reviews.

- For article on the 2015 enactment of this chapter, see 32 Ga. St. U.L. Rev. 79 (2015). For annual survey on criminal law, see 68 Mercer L. Rev. 93 (2016).

RESEARCH REFERENCES

ALR.

- Criminal defendant's age or height as factor in determination of whether circumstances of witness's identification of defendant in photographic array shown by police to witness were impermissibly suggestive as matter of federal constitutional law, 102 A.L.R.6th 365.

Cases Citing O.C.G.A. § 17-20-1

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Smith v. Northside Hosp., Inc., 302 Ga. 517 (Ga. 2017).

Cited 21 times | Published | Supreme Court of Georgia | Nov 2, 2017 | 807 S.E.2d 909

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Curry v. State, 823 S.E.2d 758 (Ga. 2019).

Cited 9 times | Published | Supreme Court of Georgia | Feb 4, 2019 | 305 Ga. 73

...Additional facts relevant to this issue will be discussed in Division 2, infra. We note that the Georgia General Assembly has prioritized improving the accuracy of eyewitness identifications. To that end, the General Assembly adopted a new chapter in the Criminal Procedure Code, OCGA §§ 17-20-1 through 17-20-3, effective July 1, 2016, which requires any law enforcement agency that conducts live lineups, photo lineups, or showups for the purpose of determining whether a witness identifies someone as the perpetrator of an alleged crime to adopt written policies for using such procedures....
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Eleby v. State, 903 S.E.2d 64 (Ga. 2024).

Cited 3 times | Published | Supreme Court of Georgia | Jun 11, 2024 | 319 Ga. 234

...State, 312 Ga. 619, 622 (864 SE2d 34) (2021) (explaining that “in the absence of a timely objection, there is no appellate review of evidentiary rulings under the old Evidence Code” (cleaned up)). 5 We note that, with the adoption of OCGA §§ 17-20-1 through 17-20-3, “the Georgia General Assembly has prioritized improving the accuracy of eyewitness identifications.” Curry v....

Curry v. State (Ga. 2019).

Published | Supreme Court of Georgia | Feb 4, 2019 | 319 Ga. 234

...he men she had seen on 3 We note that the Georgia General Assembly has prioritized improving the accuracy of eyewitness identifications. To that end, the General Assembly adopted a new chapter in the Criminal Procedure Code, OCGA §§ 17-20-1 through 17-20-3, effective July 1, 2016, which requires any law enforcement agency that conducts live lineups, photo lineups, or showups for the purpose of determining whether a witness identifies someone as the perpetrator of an alleged crime to adopt written policies for using such procedures....
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Arnold v. Richardson, 224 Ga. 181 (Ga. 1968).

Published | Supreme Court of Georgia | Mar 7, 1968 | 160 S.E.2d 809