The odor of marijuana provides law enforcement the ability to search without consent and without a warrant. However, in recent years the state legislature has enacted the Georgia Hemp Farming Act (GHFA), legalizing hemp products. It is without debate that the odor of illegal marijuana and legal hemp are the same. Because of this, courts […]
https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png00lawyerhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pnglawyer2026-04-12 20:44:002026-04-12 20:44:00Marijuana Odor as Probable Cause
Under Official Code of Georgia Annotated § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend to keep it or deprive the owner of its value. This includes actions like: Concealing or taking items Switching price tags or labels Putting items in different packaging Paying […]
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O.C.G.A. § 16-11-39 classifies disorderly conduct as a misdemeanor offense. The law prohibits various behaviors that disturb the peace or endanger others’ safety. What Counts as Disorderly Conduct? A person commits disorderly conduct when they: Act violently or loudly in a way that makes someone fear for their safety. Behave violently in a manner that […]
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Under Official Code of Georgia Annotated § 40-6-391, “a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.” Accordingly, a driver may be charged with and potentially convicted of DUI even […]
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The Fourth Amendment to the Constitution protects against unreasonable searches and seizures by the government. To legally seize and search personal items the government must obtain a search warrant based on a probable cause standard. While the provisions of the Fourth Amendment are clear, there are exceptions that allow the government to seize and search […]
Marijuana Odor as Probable Cause
/in Blog /by lawyerThe odor of marijuana provides law enforcement the ability to search without consent and without a warrant. However, in recent years the state legislature has enacted the Georgia Hemp Farming Act (GHFA), legalizing hemp products. It is without debate that the odor of illegal marijuana and legal hemp are the same. Because of this, courts […]
Shoplifting Charges in Fulton County
/in Blog /by lawyerUnder Official Code of Georgia Annotated § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend to keep it or deprive the owner of its value. This includes actions like: Concealing or taking items Switching price tags or labels Putting items in different packaging Paying […]
Disorderly Conduct in Sandy Springs Municipal Court
/in Blog /by lawyerO.C.G.A. § 16-11-39 classifies disorderly conduct as a misdemeanor offense. The law prohibits various behaviors that disturb the peace or endanger others’ safety. What Counts as Disorderly Conduct? A person commits disorderly conduct when they: Act violently or loudly in a way that makes someone fear for their safety. Behave violently in a manner that […]
What does a “DUI Less Safe” charge in Henry County mean?
/in Blog /by lawyerUnder Official Code of Georgia Annotated § 40-6-391, “a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.” Accordingly, a driver may be charged with and potentially convicted of DUI even […]
Plain View Exception
/in Blog /by lawyerThe Fourth Amendment to the Constitution protects against unreasonable searches and seizures by the government. To legally seize and search personal items the government must obtain a search warrant based on a probable cause standard. While the provisions of the Fourth Amendment are clear, there are exceptions that allow the government to seize and search […]