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Sutton v. State

The trial court erred in finding that an officer's affidavit supporting a search warrant application was legally sufficient to establish probable cause.

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Eric Sutton appeals from the denial of his motion to suppress evidence seized pursuant to a search warrant executed at his home.1 He contends that the trial court erred in denying the motion based upon a finding that the affidavit accompanying the search warrant application was legally sufficient to establish probable cause. As explained below, we agree and reverse.

Under OCGA § 17-5-30 a 2, a defendant may move the court to suppress seized evidence on the grounds that “the search and seizure with a warrant was illegal because the warrant is insufficient on its face, there was not probable cause for the issuance of the warrant, or the warrant was illegally executed.” Further, under OCGA § 17-5-30 b, “the burden of proving that the search and seizure were lawful shall be on the State.” See also Dearing v. State, 233 Ga. App. 630, 632 505 SE2d 485 1998 In response to a motion to suppress evidence seized pursuant to a search warrant, the State has the burden of proving that an informant who provided information to the affiant applying for the search warrant was reliable..

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