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Galloway v. State

The information relayed to the magistrate, which was based on information a confidential informant told police, provided a substantial basis for the magistrate's finding of probable cause to issue a search warrant for the defendant's residence, given the totality of the circumstances.

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Appellant Terry Nelson Galloway was charged with possession of oxycodone with intent to distribute Count 1, possession of dihydrocodeinone hydrocodone with intent to distribute Count 2, and possession of clonazepam with intent to distribute Count 3. The trial court granted his motion for directed verdict on Count 3, and a jury convicted him of Count 2 and found him not guilty of Count 1.1 After sentencing, he filed a motion for new trial, which was denied. He appeals, arguing in his sole enumeration of error that the trial court erred by denying his motion to suppress the evidence of contraband discovered in his apartment during the execution of a search warrant because the warrant was based upon information provided by a confidential informant whose reliability was not properly demonstrated.2

In Georgia, our law is clear that a magistrate may issue a search warrant only upon facts sufficient to support probable cause that a crime is being committed or has been committed. OCGA § 17-5-21 a; State v. Palmer, 285 Ga. 75, 77 673 SE2d 237 2009.

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