Cleveland v. State

The information in the affidavit supporting a warrant for the search of the defendant's home provided sufficient probable cause for the magistrate to issue the warrant and to determine that the information provided therein was not stale.

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Sean Cleveland appeals from his convictions of possession with intent to distribute methamphetamine, attempting to traffic in methamphetamine, and no proof of insurance. Cleveland asserts that the trial court erred by denying his motion to suppress and that he received ineffective assistance of counsel. For the reasons set forth below, we affirm. 1. Cleveland asserts the trial court should have granted his motion to suppress evidence found during the execution of a search warrant, because the warrant was not supported by probable cause and the information provided to the magistrate was stale. We disagree. A search warrant should only be issued upon facts sufficient to show probable cause that a crime is being committed or has been committed. The magistrate’s task in determining if probable cause exists to issue a search warrant is simply to 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. Citations and punctuation omitted. State v. Henderson , 271 Ga. 264, 269 4 517 SE2d 61 1999. We must give “substantial deference” to a magistrate’s decision to issue a search warrant. Id.

A grudging or negative attitude by reviewing courts toward warrants, is inconsistent both with the desire to encourage use of the warrant process by police officers and with the recognition that once a warrant has been obtained, intrusion upon interests protected by the Fourth Amendment is less severe than otherwise may be the case. . . . Although in a particular case it may not be easy to determine when an affidavit demonstrates the existence of probable cause, the resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants. Citation and punctuation omitted. Id.

Cleveland v. State

The information in the affidavit supporting a warrant for the search of the defendant's home provided sufficient probable cause for the magistrate to issue the warrant and to determine that the information provided therein was not stale.

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