Rowland v. State

Summary

The Court of Appeals of Georgia reversed a judgment against the defendant due to an unlawful search of their automobile. The search was conducted without a warrant and without the defendant's consent, and the only reason given by the police officer was that it was their usual practice to search stopped cars. The court ruled that this search was unreasonable and illegal, and therefore the evidence obtained from it was inadmissible. The case highlights the importance of adhering to the terms of Section 1 of the Act approved March 16, 1966, which governs searches without a warrant.

Holdings

1. A warrantless search incident to a lawful arrest must be limited to the person arrested and the area within that person's immediate presence, and must serve one of the purposes specified by Georgia Code Ann. § 27-301. A search of the automobile based only on the officer's usual practice of searching stopped cars is unreasonable and illegal.
2. Evidence obtained through the unreasonable and illegal warrantless search of the automobile was inadmissible against Rowland.

Questions Presented

1. Whether a warrantless search of an automobile following a lawful arrest was authorized when the officer stated only that it was his usual practice to search stopped cars.
2. Whether evidence of whiskey discovered during that search was admissible at trial.

Disposition

reversed