The State appeals the grant of a motion to suppress filed by defendants William Thomas Ammons, Brandon James Sanford, and Kimberly Taylor arising out of a search made pursuant to a no-knock warrant. The State contends the search warrant was supported by probable cause and that even if there was no basis for a no-knock provision, that flaw should not result in the suppression of the evidence. The standard of review on appeal of the validity of a search warrant is well explained in Shivers v. State, 258 Ga. App. 253, 254 573 SE2d 494 2002:An affidavit submitted in support of a search warrant must set forth sufficient facts from which the magistrate or judge can independently determine the reliability of both the information and the informant. In determining whether an affidavit provided sufficient probable cause, 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.Emphasis omitted. Finally, “the duty of a reviewing court is simply to ensure that the magistrate had a ‘substantial basis for concluding’ that probable cause existed.” Id.
The affidavit upon which the warrant was based provided the following reason for the search:On 09/08/04 after atraffic stop with Shawn Parkarson Woodard, Mr. Woodard was found in possession of less than 1 oz. marijuana and 2 different schedule II drugs not in original container. Mr. Woodard said he bought the illegal drugs from a male at #120 Jackson St Cedartown, Ga 30125. Mr. Woodard was also seen at #120 Jackson St Cedartown, Ga 30125. At the hearing on the motion to suppress, Todd Wallace of the Polk County Police Department testified that he had earlier received anonymous tips of drug activity at 120 Jackson Street. While observing the house, Wallace saw two people go up to the house, leave, and depart in a truck; but Wallace did not see anyone go into the house. He followed the truck, saw it driving “in the middle of the road,” and notified uniformed officers who performed a traffic stop for failure to maintain lane. The truck’s driver, Shawn Woodard, responded to a question and indicated that he had illegal substances on his person, which were confiscated; Wallace suspected them to be marijuana and other illegal pills. Woodard then spontaneously stated that he had purchased the drugs at 120 Jackson Street. Based on this information, Wallace sought a warrant to search the property at that address. Wallace admitted that he did not do anything to verify the identity of any occupants of the house or even determine from whom Woodard claimed to have purchased drugs. Finally, Wallace had never met Woodard before and had no past basis to find him reliable.
