Martis v. State

A jury found Marc Martis guilty of trafficking in methamphetamine, possession of methamphetamine, possession of methamphetamine by ingestion, and possession of cocaine by ingestion. Following the denial of his motion for new trial, Martis appeals, citing several claims of error. Having reviewed these claims, we discern no error and affirm. 1. Martis contends that the trial court erred in denying his motion to suppress. He argues that there was no probable cause to support the issuance of a warrant to search his residence. “In reviewing a trial court’s holding on a motion to suppress, we construe the evidence most favorably to uphold the trial court’s judgment and do not disturb its findings if there is any evidence to support them.” In deciding whether an affidavit creates sufficient probable cause for the issuance of a warrant, the issuing magistrate or judge must make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the veracity and basis of knowledge of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of a reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed. Accordingly, we look to the totality of the circumstances in evaluating the legality of a search warrant. Citations, punctuation and footnotes omitted. Spaeth v. State , 293 Ga. App. 608, 610 667 SE2d 449 2008.

An agent with the Bartow County Sheriff’s Office testified that he received information from a confidential informant that Martis was manufacturing methamphetamine in a building behind his house. The agent knew the informant from his “experience working narcotics cases” and had received reliable information from him in the past. The informant also told the agent that a man driving a green Tahoe assisted Martis with the manufacturing, and that Martis “waits until late at night after his children are asleep before going to the building and manufacturing meth.” The agent confirmed that Martis resided at the address provided to him by the informant, and testified that he had observed children at the residence as stated by the confidential informant.