Patterson v. State
| Decision Date | 22 September 1971 |
| Docket Number | No. 3,No. 46524,46524,3 |
| Citation | 124 Ga.App. 465,184 S.E.2d 228 |
| Parties | George A. PATTERSON v. The STATE |
| Court | Georgia Court of Appeals |
Harris, Chance & McCracken, Henry T. Chance, Kenneth R. Chance, Augusta, for appellant.
No appearance, for appellee.
Syllabus Opinion by the Court
Defendant appeals from the denial of his motion to suppress evidence which he contends was illegally seized because the search was made under a completely insufficient warrant.
We shall set out in its entirety the statement of facts made by the affiant to show probable cause.
By no stretch of the imagination does this approach the requirements for a sufficient warrant. See: Code Ann. § 27-303; Sams v. State, 121 Ga.App. 46, 172 S.E.2d 473 cert. denied 400 U.S. 865, 91 S.Ct. 100, 27 L.Ed.2d 103; Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637; and Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723.
Judgment reversed.
To continue reading
Request your trial
-
Currington v. State
...here recites the informant had seen marijuana being sold on the premises within the past 24 hours. The case of Patterson v. State, 124 Ga.App. 465, 184 S.E.2d 228, cited by defendant, is not in point or in any way applicable to the information furnished in the search warrant here. He also c......
-
Courson v. State, 46582
...person is in possession of contraband items. Nathanson v. United States, 290 U.S. 41, 54 S.Ct. 11, 78 L.Ed. 159.' See Patterson v. State, 124 Ga.App. 465, 184 S.E.2d 228. The warrant having been illegally issued it was error to deny the motion to Judgment reversed. JORDAN, P.J., and EVANS, ......
- Rucker v. State, 46758