Charlott Lynett Reaves has been charged with malice murder and related offenses in connection with the death of her 11-year-old step-daughter.1 We granted Reaves’s application for interim review and directed the parties to address the following questions: 1 whether the trial court erred regarding a motion to suppress evidence seized with warrants and 2 whether the trial court erred in denying a motion to exclude a printed e-mail under the privilege afforded to inter-spousal communications. 1 a. For the reasons set forth in Division 2 d of Reaves v. State , __Ga.__ Case No. S07A1826, decided July , 2008, the interim review filed by appellant’s husband, we conclude that the authorization in four warrants for the seizure of unspecified notes and papers and for the seizure of “any other evidence” of the crimes named in the warrants, which are also at issue in this case, complied with the Fourth Amendment’s mandate that items to be seized through a warrant must be described with particularity. U. S. Const., Amend. IV mandating that no warrants shall issue except those “particularly describing the place to be searched, and the persons or things to be seized”.
b Reaves further argues that there was insufficient probable cause shown for the seizure of the items listed in the warrants. The magistrate’s duty in assessing probable cause is to make a common-sense determination of whether there is a fair probability that the evidence specified in a warrant will be found in the place specified. DeYoung v. State , 268 Ga. 780 7 493 SE2d 157 1997. On appeal, we determine whether the magistrate had a “substantial basis for finding probable cause, and we give the magistrate “substantial deference” in making that determination. Id. The magistrate’s findings as to probable cause regarding specified items to be seized must be considered item by item, because probable cause must be shown for each item named in a warrant. See Groh v. Ramirez , 540 U. S. 551, 560 124 SC 1284, 157 SE2d 1068 2004 noting that probable cause must be shown for “every item” to be incorporated in a warrant; 2 LaFave, Search and Seizure, § 3.7 d, p. 412 4th ed. 2004.
