Legal Question in Criminal Law in Georgia
posession laws
If a person testifies that they know someone that did drugs, is that enough evidence to have the defendent arrested?
1 Answer from Attorneys
Re: posession laws
The statement you attributed to that person is a conclusion. A conclusion is speculation and conjecture and is not evidence. Depending on the context in which the statement appears, there could be evidence as opposed to just opinion. It could also be that the evidence is enough to warrant the arrest of the defendant, if, by defendant, you mean some other person and not the person making the statement.
If, by defendant, you are referring to the person who made the statement that he or she knows a person who has done drugs. I don't see that as probable cause to arrest the person making the statement.
Jim Hough
770-607-5300
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