Terry v. State, 45989
| Decision Date | 30 April 1971 |
| Docket Number | No. 2,No. 45989,45989,2 |
| Citation | 123 Ga.App. 746,182 S.E.2d 513 |
| Parties | Hubert TERRY v. The STATE |
| Court | Georgia Court of Appeals |
Garrett & Spence, William Garrett, Jr., Alpharetta, for appellant.
C. B. Holcomb, Dist. Atty., Canton, B. B. Robertson, Cumming, for appellee.
Syllabus Opinion by the Court
This is an appeal of a denial of a motion to suppress certain evidence in an indictment against the defendant for the possession of beer for the purpose of illegal sale. Counsel for the defendant made a verbal motion to suppress the evidence obtained during an alleged illegal search and seizure of the defendant's residence on the grounds that the search warrant was defective in that it made no mention of any probable cause; that it was stale, and the revenue agents failed to make an inventory of the beverages seized as required by Title 58, § 728 of the Annotated Code, in giving a receipt for the goods seized to the defendant and to post a receipt at the defendant's home.
The affidavit for search warrant set forth the following facts which it is contended established grounds for issuance, to wit: This affidavit was subscribed on June 23, 1970, and the warrant issued thereon was executed on June 25, 1970. Held:
The law requires sufficient information set forth in an affidavit for search warrant to enable the magistrate to make an independent determination as to whether probable cause exists for the issuance of a search warrant. One of the tests as to whether the magistrate is enabled to make an independent judgment as to probable cause is as to whether or not the information therein is 'current or stale'. This question has been very thoroughly discussed in the recent case of Fowler v. State, 121 Ga.App, 22, 172 S.E.2d 447, which, inter alia, holds: 'The court proceeded to point out that it was not necessary that the precise date of the occurrence be given but it should appear from the facts that the occurrence should be so near in point of time to the making of the affidavit and the execution of the search warrant as to create a reasonable belief that the same conditions described in the...
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Davis v. State
...not stale information.' Sgro v. United States, 287 U.S. 206, 210, 53 S.Ct. 138, 77 L.Ed. 260, 262, 85 A.L.R. 108; Terry v. State, 123 Ga.App. 746, 747, 182 S.E.2d 513, 514. Code Ann. § 27-306 in limiting the time to 10 days from date of issuance in which search warrants may be executed reco......
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Driscoll v. State, 48331
...independent determination as to whether probable cause existed for the issuance of a search warrant. Code Ann. § 27-303; Terry v. State, 123 Ga.App. 746, 182 S.E.2d 513. Judgment HALL, P.J., concurs. EVANS, J., concurs in the judgment only. ...
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Bradley v. State
...issuance of a search warrant. Code Ann. § 27-303. See Campbell v. State, 226 Ga. 883, 884(1), 178 S.E.2d 257. Therefore, Terry v. State, 123 Ga.App. 746, 182 S.E.2d 513 and Patterson v. State, 126 Ga.App. 753, 191 S.E.2d 584 are not applicable to the facts in this case. Moreover, the oral t......
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State v. Luck
...with Fowler v. State, supra, and coming to an abrupt (and unnecessary) halt in this case. See Fowler v. State, supra; Terry v. State, 123 Ga.App. 746, 182 S.E.2d 513 (1971); Bell v. State, 128 Ga.App. 426, 196 S.E.2d 894 (1973); State v. Boswell, 131 Ga.App. 657, 659 (206 S.E.2d 682) (1974)......