X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Marc Martis guilty of trafficking in methamphetamine, possession of methamphetamine, possession of methamphetamine by ingestion, and possession of cocaine by ingestion. Following the denial of his motion for new trial, Martis appeals, citing several claims of error. Having reviewed these claims, we discern no error and affirm. 1. Martis contends that the trial court erred in denying his motion to suppress. He argues that there was no probable cause to support the issuance of a warrant to search his residence. “In reviewing a trial court’s holding on a motion to suppress, we construe the evidence most favorably to uphold the trial court’s judgment and do not disturb its findings if there is any evidence to support them.” In deciding whether an affidavit creates sufficient probable cause for the issuance of a warrant, the issuing magistrate or judge must make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the veracity and basis of knowledge of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of a reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed. Accordingly, we look to the totality of the circumstances in evaluating the legality of a search warrant. Citations, punctuation and footnotes omitted. Spaeth v. State , 293 Ga. App. 608, 610 667 SE2d 449 2008.

An agent with the Bartow County Sheriff’s Office testified that he received information from a confidential informant that Martis was manufacturing methamphetamine in a building behind his house. The agent knew the informant from his “experience working narcotics cases” and had received reliable information from him in the past. The informant also told the agent that a man driving a green Tahoe assisted Martis with the manufacturing, and that Martis “waits until late at night after his children are asleep before going to the building and manufacturing meth.” The agent confirmed that Martis resided at the address provided to him by the informant, and testified that he had observed children at the residence as stated by the confidential informant.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›