Our client was a Paulding County teacher who was charged with the possession of child pornography. Our client’s computer was seized pursuant to a search warrant executed at his home. The officers who executed the warrant failed to properly serve our client with a copy of the warrant at the time of the search.
Under Georgia law, when officers are executing a search warrant at a home, they are required to serve the homeowner with a copy of the warrant so that the individual can be put on notice as to the extent of the officers’ authority to search and seize items found inside the home. We filed a motion to suppress the computer evidence as a result of the officers’ failure to provide him with a copy of the warrant. As a result, we were able to negotiate a very favorable plea to probation and our client was sentenced under the Georgia First Offender Act. Therefore, upon his successful completion of probation, the charges against him will be dismissed.