STATE v. HANDSPIKE

53514.

142 Ga. App. 104 (1977)

235 S.E.2d 568

THE STATE v. HANDSPIKE.

Court of Appeals of Georgia.

Decided April 7, 1977.

Rehearing Denied April 27, 1977.


Attorney(s) appearing for the Case

Hinson McAuliffe, Solicitor, Charles Hadaway, Assistant Solicitor, for appellant.

Isaacs, Comolli & Polonsky, Thomas K. Isaacs, John M. Comolli, for appellee.


DEEN, Presiding Judge.

The state offers two theories, concededly contradictory, to uphold the validity of this search and seizure: one, that the search and seizure is valid under the Terry v. Ohio "stop and frisk" rationale; two, that the appellee was under lawful arrest and the search and seizure was a valid incident thereof.

1. The facts of this case justify the officer's approach of a car, dangerously parked at night on a one-way street marked with "No...

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