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Smith v. State

The trial court improperly denied the defendant's motion to suppress drug evidence, since the State failed prove the validity of a search warrant as it did not produce the affidavit supporting the issuance of the warrant.

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Chad Andrew Smith was charged by accusation with possession of methamphetamine OCGA § 16-13-30 a, manufacture of marijuana OCGA § 16-13-30 j 1, and possession of less than one ounce of marijuana OCGA § 16-13-30 j 1. Smith filed a motion to suppress the marijuana, methamphetamine, and drug related items found in his yard and home, as well as the statements he made to police officers. The trial court denied Smith’s motion, and this Court granted his application for interlocutory appeal. Smith contends that the trial court erred in denying his motion to suppress. For the reasons set forth below, we agree.

In considering an appeal from denial of a motion to suppress, this Court construes the evidence in favor of the trial court’s ruling, and we review de novo the trial court’s application of the law to undisputed facts. Additionally, we must defer to the trial court’s determination on the credibility of witnesses, and the trial court’s ruling on disputed facts must be accepted unless it is clearly erroneous.

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