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State v. Alvin

Some evidence linked the drug activity in question to the defendant's residence and supported the search warrant's issuance.

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The state appeals from the trial court’s decision granting Dewayne Deon Alvin’s motion to suppress drug and weapon evidence seized during the execution of a search warrant at Alvin’s residence. In granting the motion, the trial court concluded that there was no probable cause for the issuance of the warrant to search Alvin’s residence. We disagree and reverse. At the hearing on the motion to suppress, the parties stipulated that the motion would be determined solely based upon the “four corners” of the affidavit, its attachments, and the warrant. The trial court therefore did not receive any testimony from witnesses and the evidence presented was undisputed. “Where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review.” Citation and punctuation omitted. Campbell v. State , 263 Ga. App. 755, 755-756 589 SE2d 313 2003.

So viewed, the record shows that a certified police officer assigned to the Glynn/Brunswick Narcotics Enforcement Team submitted to the magistrate judge the affidavit in support of the search warrant. In the affidavit, the officer attested, in pertinent part, that he had been contacted by a confidential informant, who stated that Alvin, also known as “Scoop,” had been selling illegal drugs. During an investigation, the officers identified Alvin, located his residence, and set up a controlled buy with the confidential informant. Before the buy, the officers searched the confidential informant and his vehicle, and confirmed that he had no weapons, drugs, or large sums of money. The officers then gave the confidential informant money to purchase drugs during the controlled buy.

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