Following their indictment for several violations of the Georgia Controlled Substance Act, including trafficking in cocaine, LaShawn Hicks and Tyrone Bradley moved to suppress evidence seized pursuant to a search warrant. The trial court granted the motion based on its conclusion that the warrant failed to particularly describe the place to be searched. The State appeals this order, and for reasons that follow, we reverse. The warrant at issue contained the following description of the property to be searched: The entire premises and curtilage located at 114 Leeswood Circle . . . . The residence is described as being a single story family duplex residence with vinyl siding. The residence is tan in color with white in color trimming. The front door and the shutter of the residence is a maroon in color. The roof of the residence has a black in color singles sic. While traveling westbound on Emanuel Farm Road from the intersection of Emanuel and Hwy. 17, you will turn right onto Leeswood Circle. While traveling northbound on Leeswood Circle the duplex is going to be the fourth duplex on the right side. As you are facing the duplex it residence is going to be on the left hand side of the duplex. The parties agree that the police searched the left side of a duplex located on the fourth lot on the right, that one of the four mailboxes located directly in front of this duplex was numbered 114, that there were no street numbers affixed to the duplex itself, and that the duplex searched matched the color scheme described in the affidavit. As the third lot on the right was vacant, the duplex searched was the third duplex on the right, and not the fourth duplex as described in the warrant. The fourth duplex on the right was clearly marked with numbers 116 and 118 and did not match the color scheme described in the warrant. The four mailboxes located in front of the searched duplex were on two posts. Mailbox numbers 112 and 114 were on one post and black in color, and mailbox numbers 113 and 115 were on another post and white in color. All of the mailboxes on the street are on one side of the road, presumably for ease of postal delivery. Finally, Leeswood Circle intersects Emanuel Farm Road in two places as it is a loop. A person following the directions in the warrant would take the first intersection between Leeswood Circle and Emanuel Farm Road and the duplex searched was the third duplex on the right located on the fourth lot.
As the evidence at the suppression hearing was undisputed and there was no question as to the credibility of the witnesses, we conduct a de novo review of the trial court’s application of the law to the uncontroverted facts. Hughes v. State , 269 Ga. 258, 259 1 497 SE2d 790 1998. 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. And the duty of a reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed. Punctuation and footnote omitted. Shivers v. State , 258 Ga. App. 253, 254 573 SE2d 494 2002. “We must review giving great deference to the magistrate’s determination of probable cause, keeping in mind that affidavits are normally drafted by non-lawyers in the midst and haste of a criminal investigation.” Citation and punctuation omitted. Curry v. State , 255 Ga. 215, 217 1 336 SE2d 762 1985.
