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2018 Georgia Code 17-5-26 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

Section 5. Searches and Seizures, 17-5-1 through 17-5-100.

ARTICLE 2 SEARCHES WITH WARRANTS

17-5-26. When search warrant may be executed.

The search warrant may be executed at any reasonable time.

(Ga. L. 1966, p. 567, § 11.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Searches and Seizures, §§ 189, 302, 303, 309 et seq.

ALR.

- Propriety of execution of search warrant at nighttime, 41 A.L.R.5th 171.

Cases Citing O.C.G.A. § 17-5-26

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Fair v. State, 664 S.E.2d 227 (Ga. 2008).

Cited 82 times | Published | Supreme Court of Georgia | Jul 14, 2008 | 284 Ga. 165, 2008 Fulton County D. Rep. 2391

...iolated. Hudson v. Michigan, 547 U.S. 586(III), 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006). Fair also contends that, because the warrant was executed in a residential neighborhood at 1:15 a.m., its execution was unreasonable and thus in violation of OCGA § 17-5-26 ("search warrant may be executed at any reasonable time"). This Court has never held that, under OCGA § 17-5-26, the nighttime execution of a warrant is presumptively unreasonable....