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Nichols v. State

The trial court erred in denying the defendant's motion to suppress evidence police obtained while executing a search warrant at his residence, because the application and affidavit supporting the warrant contained insufficient information to allow a finding of probable cause to search the residence.

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Timothy Olan Nichols was charged by indictment with one count of possession of methamphetamine.1 He filed a motion to suppress the evidence seized during the execution of a search warrant for a residence, arguing that the affidavit and application for the search warrant contained insufficient facts to support a finding of probable cause for the search. The trial court denied the motion to suppress, and Nichols filed this interlocutory appeal. For the reasons that follow, we reverse.

On appellate review of a trial court’s decision on a motion to suppress evidence, we accept the trial court’s ruling on disputed facts unless it is clearly erroneous, but the trial court’s application of the law to undisputed facts is subject to de novo review. See Chatham v. State, 323 Ga. App. 51, 52 746 SE2d 605 2013.

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