Authority of judicial officer to issue search warrant does not vanish within restricted area.

- O.C.G.A. § 17-5-22 (when considered with O.C.G.A. §§ 17-5-21 and17-7-20) means that the authority of a judicial officer to issue a search warrant to be executed within the area of the officer's jurisdiction does not vanish when the officer physically steps into an area where the officer's authority is restricted within the county in which the officer serves. State v. Varner, 248 Ga. 347, 283 S.E.2d 268 (1981).

Strict construction of warrant issuance procedure.

- Proceedings for issuance of search warrants are to be strictly construed, and every constitutional and statutory requirement must be fully met, including all formalities required by statute, before a valid search warrant may issue. Moreover, a statute prescribing the method of issuing search warrants must be read and construed in light of, and conform in all essential respects to, the provisions of the Constitution granting immunity from unreasonable searches and seizures. Pruitt v. State, 123 Ga. App. 659, 182 S.E.2d 142 (1971).

Magistrate must decide if probable cause exists before issuing search warrant.

- It is incumbent upon a magistrate to make an independent determination of probable cause before the magistrate issues a search warrant. An affidavit, sufficient both as to form and content, cannot support a search warrant when the issuing magistrate has not made any decision from reading the sheriff's affidavit but signed the warrant after ascertaining that the affidavit was technically correct. Page v. State, 136 Ga. App. 807, 222 S.E.2d 661 (1975).

Warrant must clearly describe suspect and premises.

- To be valid, a search warrant must contain a description of the person and premises to be searched with such particularity as to enable a prudent officer executing the warrant to locate the person and place definitely and with reasonable certainty, without depending upon the officer's discretion. Durrett v. State, 136 Ga. App. 114, 220 S.E.2d 92 (1975).

Failure to state time of issuance.

- When the time of issuance is not set forth as required by this section, in certain instances this omission can be a fatal defect, e.g., when there is some reason to believe the warrant was issued after the search. Merritt v. State, 121 Ga. App. 832, 175 S.E.2d 890 (1970).

Failure to state time not fatal if evidence shows warrant issued before search.

- When the evidence showed that the warrants were issued prior to the search and seizure, the irregularity in omitting the time of issuance would not require the suppression of the evidence seized. Houser v. State, 234 Ga. 209, 214 S.E.2d 893 (1975).

When officers have a warrant and serve the warrant when the officers arrive to make the search, an omission on the warrant of the time of issuance is a "technical irregularity not affecting the substantial rights of the accused" which would not require suppression of the evidence seized. Merritt v. State, 121 Ga. App. 832, 175 S.E.2d 890 (1970).

No need for seal on warrants.

- There is no requirement for a seal either on a warrant or a search warrant; therefore, a charge for the seal is not valid. Gill v. Decatur County, 129 Ga. App. 697, 201 S.E.2d 21 (1973).

Failure to file affidavit or prove docket record of warrant.

- Search warrant is not inadmissible because the officers failed to file the affidavit with the issuing court after the warrant was executed or because there was no evidence indicating that a docket record of the warrant was made as these are technical irregularities not affecting the substantial rights of the accused. Sampson v. State, 165 Ga. App. 833, 303 S.E.2d 77 (1983); Bolt v. State, 230 Ga. App. 760, 497 S.E.2d 406 (1998).

Am. Jur. 2d.

- 68 Am. Jur. 2d, Searches and Seizures, §§ 176 et seq., 185, 193 et seq., 211 et seq., 342.

ALR.

- Power to issue warrant for search of train, 7 A.L.R. 121.

Civil liability for improper issuance of search warrant or proceedings thereunder, 45 A.L.R. 605.

Proceeding to obtain search warrant as judicial proceeding within rule of privilege in libel and slander, 58 A.L.R. 723.

Search warrant: sufficiency of showing as to time of occurrence of facts relied on, 100 A.L.R.2d 525.

Disputation of truth of matters stated in affidavit in support of search warrant - modern cases, 24 A.L.R.4th 1266.