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Beck v. State

A search warrant signed by an assistant magistrate, whose position was not authorized or created by county commissioners or the judges of the superior court was invalid.

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We granted a writ of certiorari to the Court of Appeals in Beck v. State , 286 Ga. App. 553 650 SE2d 728 2007, to determine whether 1 a search warrant is valid when it is signed by an individual purporting to hold office as an assistant magistrate even though no such office existed; and 2 defendant’s prior guilty pleas were used properly in sentencing defendant as a recidivist. The answer to the first question is “no.” The answer to the second question is “yes.” Defendant was charged with possession of marijuana with intent to distribute and possession of cocaine with intent to distribute. The charges were based, in part, on evidence seized pursuant to a search warrant issued by an “assistant magistrate.”

The position of assistant magistrate was not authorized or created by county commissioners, nor by the judges of the superior court; and no certification for the office was sent to the Administrative Office of the Courts. Nevertheless, the magistrate hired an individual to serve as an assistant magistrate because the county administrator told him he could have a part-time assistant.

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