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QUILLIAN, Presiding Judge.
Probation revocation. Douglas Superior Court. Before Judge Noland.
The defendant appeals the revocation of his probated sentence. Held:
The defendant contends the evidence utilized to revoke his probation was the product of an unlawful search and seizure.
We recognize the general rule that "illegally seized evidence may not be used to revoke probation." Stanley v. State, 153 Ga. App. 42 (264 SE2d 533). Nevertheless, in the case sub judice the defendant, a probationer, was required to reside in the Cobb Diversion Center, a restitution shelter, and as a part of the program agreed to abide by the rules and regulations of the Center. He returned to the Center in an apparently intoxicated condition according to evidence produced by the State. He was taken to the hospital for a blood test and urine sample; meanwhile, his vehicle located on the property of the Center was searched and certain controlled substances were found there in.
The rules and regulations of the Center provided: "Any resident returning to the Center under the influence of drugs or alcohol will be disciplined appropriately. Breath tests for alcohol and chemical tests for drugs will be used regularly. . . . The staff has the right to inspect and search any resident, his property or his room. Periodic shakedowns may be expected. You are responsible for any contraband that may be found in any vehicle you own or bring on the Center property (including visitor's vehicles)."
1. We find that defendant's contentions regarding the inadmissibility of the results of the tests performed by extracting his bodily fluids is controlled adversely to such position by Smith v. State, 250 Ga. 438, 439 (3) (298 SE2d 482).
Frank C. Winn, District Attorney, Jeffrey P. Richards, Assistant District Attorney, for appellee.
Kenneth L. Gordon, for appellant.
Thursday May 21 20:35 EDT

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