State v. Kaulbach

The trial court erred in granting the defendants' motions to suppress evidence seized pursuant to valid search warrants.

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Suzanne Kaulbach and Misty Caudle were charged in a multi-count indictment with making false statements in a matter within the jurisdiction of the Clayton County Police Department, obstruction of an officer, criminal use of an article with an altered identification mark, and seven counts of theft by receiving. They each moved to suppress evidence recovered during the execution of two search warrants, arguing that police officers entered their property without a warrant or exigent circumstances, and that the subsequently-issued warrants were not supported by sufficient probable cause and were impermissibly overbroad. They also filed special demurrers and moved to dismiss the indictment on several grounds. Following a hearing at which the detective who applied for and obtained the warrants testified, the trial court granted the motions to suppress and denied the motions to dismiss. The State appeals, and for the reasons that follow, we reverse the trial court’s order granting the defendants’ motion to suppress evidence.

A detective applied for a warrant to search the premises where the defendants lived for particular items, as well as evidence and fruit of the crimes of burglary and theft. In support of his application, the detective provided the issuing magistrate with an affidavit swearing that another officer had responded to a call from a victim who reported that a trolling motor had been stolen from his boat dock and he thought that two of the residents who lived next door, where the defendants also lived, were responsible. The affidavit stated that the victim also told the first responding officer that he had received an email message from his neighborhood association that contained a photograph of a jonboat that had been stolen from another neighbor, and the victim showed the officer the photograph. The first officer then called the detective, who went to the scene.

State v. Kaulbach

The trial court erred in granting the defendants' motions to suppress evidence seized pursuant to valid search warrants.

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