Todd Willoughby stands accused in the Superior Court of Gwinnett County of homicide by vehicle, OCGA § 40-6-393. Willoughby filed a motion to suppress his medical records that were seized pursuant to a search warrant, arguing that the information in the supporting affidavit failed to show probable cause that a crime had been committed. After a hearing, the trial court denied the motion, and we granted Willoughby’s ensuing application for an interlocutory appeal. For the reasons explained below, we reverse. The record shows the following. On March 19, 2009, a Fulton County magistrate issued a warrant for “all medical records concerning patient Todd Michael Willoughby who appeared at Grady Memorial Hospital on or about January 1, 2009.” The magistrate determined that there was probable cause to believe Willoughby had committed vehicular homicide, driving under the influence DUI, and failure to maintain lane, based on the following written statement of the investigating officer: Affiant was dispatched to automobile collision on Harmony Grove Road at its intersection with Nimblewill Way, Gwinnett County, on January 1, 2009. The collision occurred at 20:57 PM. It was determined that Todd Michael Willoughby could possibly be the driver of the vehicle and would be at fault via Failure to Drive Within a Single Lane. Russell Hays, who was possibly the front seat passenger in Todd Michael Willoughby’s vehicle, was killed as a result of the collision. Todd Michael Willoughby admitted to the consumption of an alcoholic beverage at the scene of the collision. Todd Michael Willoughby was transported to Grady Memorial Hospital after the collision where he received medical treatment and medical tests were performed including toxicology tests. Said test results were documented into Todd Michael Willoughby’s medical records. Said medical records may contain evidence of Driving Under the Influence of Alcohol. The officer who applied for the warrant did not supplement the written application with oral testimony.
In his motion to suppress, Willoughby argued that the warrant application set out few facts and that those facts did not show probable cause to believe he had committed the specified offenses. The trial court found that, although the officer “could and should have supplied more details from his investigation,” the “bare-boned” affidavit was sufficient to support the magistrate’s probable cause determination. On appeal, Willoughby contends that the affidavit contained purely conclusory statements and failed to specify any underlying facts showing that he was under the influence of alcohol at the time of the accident, that his manner of driving caused the accident, or even that he was driving the car at the time. As a result, he contends, the affidavit was insufficient to allow the magistrate to determine whether the investigating officer had a legally sufficient factual basis to justify searching Willoughby’s medical records for evidence of DUI.1
