Opinion
51098.
SUBMITTED SEPTEMBER 10, 1975.
DECIDED SEPTEMBER 30, 1975.
Drug violation. Fulton Superior Court. Before Judge Williams.
Jack Dorsey, for appellant.
Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, for appellee.
Appellant appeals from the overruling of his motion to suppress the heroin found in his car by police officers.
SUBMITTED SEPTEMBER 10, 1975 — DECIDED SEPTEMBER 30, 1975.
The holding of Mapp v. Ohio, 367 U.S. 643 ( 81 SC 1684, 6 L.Ed.2d 1081), that all evidence obtained by searches and seizures in violation of the Fourth Amendment of the Federal Constitution is inadmissible in state courts, is only an exclusionary rule and does not affect the competence of evidence admitted without timely challenge. Gilmore v. State, 117 Ga. App. 67 (2) ( 159 S.E.2d 474). In Georgia the exclusionary rule is firmly embedded in our statutory law; Ga. L. 1966, pp. 567, 571 (Code Ann. § 27-313) establishes a procedure for suppression of evidence obtained by unlawful search and seizure. This statute specifically provides that the motion to suppress evidence illegally seized "shall be in writing and state facts showing wherein the search and seizure were unlawful." The record in the case sub judice reveals that appellant's motion was made orally. A motion to suppress which is procedurally defective is properly overruled. Cadle v. State, 131 Ga. App. 175 ( 205 S.E.2d 529). A motion to suppress which is made orally is procedurally defective and a denial thereof is authorized. Hiatt v. State, 132 Ga. App. 289 (1) ( 208 S.E.2d 163). It was therefore not error for the trial judge to overrule appellant's oral motion to suppress evidence. Nor can appellant's motion be upheld as an oral objection to evidence obtained by unlawful search and seizure. "Since the Act of 1966, an oral objection to evidence obtained by unlawful search and seizure is not sufficient unless preceded by suppression of the evidence pursuant to a motion to suppress in compliance with the Act... Failure to interpose a timely motion to suppress in compliance with the Act amounts to a waiver of the constitutional guaranty in respect to the search and seizure in question." Brannen v. State, 117 Ga. App. 69 (2) ( 159 S.E.2d 476); Gilmore v. State, 117 Ga. App. 67 (2) ( 159 S.E.2d 474); Lane v. State, 118 Ga. App. 688 ( 165 S.E.2d 474); Bissel v. State, 126 Ga. App. 61 ( 189 S.E.2d 701).
Judgment affirmed. Evans and Stolz, JJ., concur.