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Woods v. The State

Confidential Informant's General Description of Drug Buy Was Sufficient to Support Issuance of Search Warrant

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Brown, Judge.Rodney Woods appeals from his convictions of possession of cocaine with intent to distribute, possession of less than an ounce of marijuana, and possession of drug related objects. In his sole enumeration of error on appeal, he asserts that the trial court erred by denying his motion to suppress evidence seized pursuant to a search warrant because the magistrate who issued the warrant was not presented with information establishing a confidential informant’s basis of knowledge and reliability. For the reasons explained below, we find no merit in the claim of error and affirm.“A search warrant will only issue upon facts sufficient to show probable cause that a crime is being committed or has been committed. OCGA § 17-5-21 (a).” State v. Palmer, 285 Ga. 75, 77 (673 SE2d 237) (2009).   The magistrate’s task in determining if probable cause exists to issue a search warrant is simply to make a practical, commonsense 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. Our duty in reviewing the magistrate’s decision in this case is to determine if the magistrate had a “substantial basis” for concluding that probable cause existed to issue the search warrants. A magistrate’s decision to issue a search warrant based on a finding of probable cause is entitled to substantial deference by a reviewing court. The test for probable cause is not a hypertechnical one to be employed by legal technicians, but is based on the “factual and practical considerations of everyday life on which reasonable and prudent men act.” Moreover, even doubtful cases should be resolved in favor of upholding a warrant.

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