Watts v. State

Bowe v. State, 201 GA. App. 127 1991 and other cases which hold that a defendant has the burden of showing that information was deliberately or recklessly omitted from an affidavit in support of a search warrant are overruled.

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A jury found Zane Phillip Watts guilty of rape and incest, and the trial court entered judgments of conviction and sentences on the jury’s verdicts. On appeal, Watts contended that the trial court erroneously denied a motion to suppress his blood and hair samples obtained by the State pursuant to a warrant. The motion alleged that the warrant had unspecified “material omissions” that undermined its validity. The Court of Appeals affirmed, holding that

it is well settled that, where a defendant challenges a warrant based on the alleged omission of material information, the defendant bears “the burden of showing not only that the false and omitted information was material to the determination of probable cause, but that any false information given or material information omitted was done so for the purpose of misleading the magistrate.” Houston v. State, 242 Ga. App. 114, 115-116 1 527 SE2d 619 2000. See also Bickley v. State, 227 Ga. App. 413, 414 1 a 489 SE2d 167 1997. In order to force an evidentiary hearing on the accuracy of the affidavit, a defendant must “present more than mere conclusions. There must be allegations of deliberate falsehood or reckless disregard for the truth, and these allegations must be accompanied by evidence or an offer of proof of such evidence. Mere allegations of negligence or mistake of fact are not sufficient.” Ferrell v. State, 198 Ga. App. 270-271 1 401 SE2d 301 1991. In this case, Watts did not even allege that any facts were intentionally omitted for the purpose of misleading the magistrate, much less present evidence or an offer of proof on this issue. Accordingly, he failed to satisfy his burden of proof, and the trial court thus did not err in denying the motion to suppress. Cits. Emphasis in original.

Watts v. State

Bowe v. State, 201 GA. App. 127 1991 and other cases which hold that a defendant has the burden of showing that information was deliberately or recklessly omitted from an affidavit in support of a search warrant are overruled.

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