Hourin v. State

Summary

The Georgia Supreme Court affirmed the trial court’s rulings on the demurrer and motion to dismiss but held that it lacked jurisdiction to hear the interlocutory appeal when the certificate of immediate review was signed by a different judge, and it vacated the denial of the motion to suppress because the officers did not satisfy the knock‑and‑announce requirement. The Court also rejected Houran’s constitutional challenges to the vagueness of the drug statutes and to the prima‑facie evidence provision, finding them constitutionally valid. The decision remands for further determination of whether the officers used force and whether exigent circumstances justified the entry.