Price v. State

The totality of the circumstances supported a finding of probable cause to issue the warrant to search the defendant's home.

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Following a bench trial, the trial court found Jerry Price guilty of two counts of trafficking in methamphetamine and one count of possession of a firearm during the commission of a felony. In his sole enumeration of error, Price alleges the trial court erred in denying his motion to suppress evidence discovered during the search of his house because the affidavit filed in support of the search warrant failed to provide probable cause for the search. We find no error and affirm Price’s convictions. In determining the sufficiency of a search warrant affidavit, the issuing magistrate or judge must make a practical, common sense decision whether, given all the circumstances set forth in the affidavit, 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.1 Our duty as a reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed.2 In reviewing the lower court’s decision, we give great deference to the magistrate’s determination of probable cause; a presumption of validity attaches to an affidavit supporting a search warrant, and doubtful cases are resolved in favor of upholding the search warrant.3 The contents of the affidavit are reviewed in the light most favorable to upholding the trial court’s determination.4

Viewed in that light, the record shows that a lieutenant with the Elbert County Sheriff’s Office applied for a search warrant after investigating Price’s alleged methamphetamine trafficking for two months. In the lieutenant’s warrant application and affidavit, he stated that he had spoken with several individuals who lived near Price. These individuals reported that they observed unusual amounts of traffic that would stay only for a few minutes at Price’s home and then leave. The lieutenant also claimed that the sheriff had received several citizen complaints that drugs were being sold from Price’s home.

Price v. State

The totality of the circumstances supported a finding of probable cause to issue the warrant to search the defendant's home.

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