Wood v. State
| Decision Date | 09 June 1972 |
| Docket Number | No. 2,No. 47172,47172,2 |
| Parties | Leonard M. WOOD v. The STATE |
| Court | Georgia Court of Appeals |
Garland & Garland, Reuben A. Garland, Beverly Agee, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Richard E. Hicks, Joel M. Feldman, James H. Mobley, Jr., Atlanta, for appellee.
Syllabus Opinion by the Court
The defendant was tried and convicted of theft by receiving stolen property. An appeal was filed and the case is here for review. Held:
1. The defendant filed a motion to suppress certain evidence that was obtained by a search warrant. The affidavit which was presented to the magistrate to obtain the search warrant stated:
The appellant contends that the affidavit was not sufficient to show probable cause because it does not contain sufficient corroborative information to enable the magistrate to make a determination that a crime had been committed. The appellant's contention has merit.
While the affidavit may have been sufficient to show that the informant was reliable, the basis for his information is lacking. The affidavit states that the informer saw a large number of firearms in the defendant's residence. Had the firearms been contraband this would have been sufficient; however, it is no violation per se of the law to have firearms is one's residence. The affidavit further states that the informer 'felt' other items he saw there were stolen. This was a mere conclusion without any facts upon which this opinion was based. The affidavit further states that the informer was told the firearms were stolen. But the affidavit is silent as to who stated to the informer that the firearms had been stolen. Therefore, the affidavit did not obtain sufficient facts upon which a determination of the existence of probable cause for the issuance of the search warrant could be made. ...
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...378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed. 723; Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637.' Wood v. State, 126 Ga.App. 423, 424, 190 S.E.2d 828. The magistrate specifically must be shown reasons for the informer's reliability and either how the informer obtained such ......
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...S.E.2d 717 (1979). Mere speculation, rumor, or opinion is not enough; there must be reasonable grounds after inquiry. Wood v. State, 126 Ga.App. 423, 190 S.E.2d 828 (1972). Furthermore, determination of whether there is probable cause for issuance of a search warrant must be made not by the......