Fiallo v. State
| Decision Date | 06 October 1999 |
| Docket Number | No. A99A1000.,A99A1000. |
| Citation | 240 Ga. App. 278,523 S.E.2d 355 |
| Parties | FIALLO v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Ronald L. Beckstrom, Valdosta, for appellant.
J. David Miller, District Attorney, James B. Threlkeld, Assistant District Attorney, for appellee.
Juan Antonio Fiallo appeals from his conviction of possession of cocaine with intent to distribute, after a bench trial following denial of his motion to suppress the cocaine and his incriminating statement.
At the hearing on the motion to suppress, Agent Ortiz stated that this was the first time this confidential informant had been used by the police and that, for this reason, he did not consider the informant reliable. He had done a background check and found that the confidential informant's only conviction was a DUI. No additional information regarding either the informant or verification of the informant's information was provided to the judge who issued the search warrant.
Under the standard set forth by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), probable cause may be predicated on an informant's tip only if, under the totality of the circumstances, including the veracity and basis of knowledge of the informant, there is a fair probability that contraband or evidence of a crime will be found in a particular place. While establishment of the informant's veracity and basis of knowledge is no longer an absolute requirement since Gates, veracity and basis of knowledge are still major considerations in the probable cause analysis, and this court continues to hold that an affidavit submitted in support of a search warrant must set forth sufficient facts from which the magistrate or judge can independently determine the reliability of both the information and the informant. (Citations and punctuation omitted.) Smith v. State, 218 Ga.App. 12, 14, 460 S.E.2d 114 (1995). In determining the reliability of the information and the informant, when the information supplied by the informant is not corroborated, the magistrate must look to see whether the informant himself was reliable. Galgano v. State, 147 Ga.App. 284, 286, 248 S.E.2d 548 (1978); Smith, supra at 14, 460 S.E.2d 114.
(Emphasis supplied.) Mitchell v. State, 239 Ga.App. 735, 736(1), 521 S.E.2d 873 (1999).
Here, the record is devoid of any such corroboration. The informant...
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Powers v. State
...officer's knowledge of a suspect's reputation when deciding whether to issue a search warrant). 11. See, e.g., Fiallo v. State, 240 Ga.App. 278, 523 S.E.2d 355 (1999); State v. Wesson, 237 Ga.App. at 789-790, 516 S.E.2d 826 (1999); Pailette v. State, 232 Ga.App. 274, 275, 501 S.E.2d 603 (19......
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Garrett v. State
...things were not required for the magistrate to issue the warrant to search the residence. Garrett also argues that Fiallo v. State, 240 Ga.App. 278, 523 S.E.2d 355 (1999), is controlling, and that Barrett's failure to corroborate the information provided by the informant renders any finding......
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Shivers v. State
...9. Robertson v. State, 236 Ga.App. 68, 70, 510 S.E.2d 914 (1999). 10. See Wesson, supra; Robertson, supra. 11. See Fiallo v. State, 240 Ga.App. 278, 279, 523 S.E.2d 355 (1999) (merely confirming that the accused lives where the informant said he did is not sufficient corroboration of inform......
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Kelly v. State
...S.E.2d 147. Kelly cites no authority in his brief supporting his contention, but in the trial court he relied upon Fiallo v. State, 240 Ga.App. 278, 523 S.E.2d 355 (1999), in support of his assertion that probable cause may be based on a tip from an informant only if the magistrate finds th......