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Williams v. Russo

Private citizens, in addition to law enforcement officials, may procure arrest warrants, and a probable-cause hearing must be held for a judicial officer to determine if probable cause for arrest exists in accordance with O.C.G.A. § 17-4-40 et seq.

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This appeal stems from the superior court’s dismissal of Mario Williams’s warrant application for a probable-cause hearing to consider criminal offenses that he alleges were committed by Andrew Russo, a Georgia Correctional Officer. Williams appeals, arguing that the trial court erred in dismissing the warrant application and, further, in quashing a subpoena that he served upon the Georgia Department of Corrections the “Department”. For the reasons set forth infra, we vacate the trial court’s dismissal of the warrant application and remand the case for further proceedings consistent with this opinion, but we affirm the trial court’s quashing of the subpoena served upon the Department.

The facts pertinent to this appeal are essentially undisputed. Mario Williams, a practicing attorney, represents several inmates housed at the Georgia Diagnostic and Classification Prison in Jackson, Georgia. Williams alleges that Russo, an employee of the prison, intentionally opened, read, and/or took without returning attorney-client privileged mail from at least one of his imprisoned clients.

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