Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Woods v. The State

Confidential Informant's General Description of Drug Buy Was Sufficient to Support Issuance of Search Warrant

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Brown, Judge.Rodney Woods appeals from his convictions of possession of cocaine with intent to distribute, possession of less than an ounce of marijuana, and possession of drug related objects. In his sole enumeration of error on appeal, he asserts that the trial court erred by denying his motion to suppress evidence seized pursuant to a search warrant because the magistrate who issued the warrant was not presented with information establishing a confidential informant’s basis of knowledge and reliability. For the reasons explained below, we find no merit in the claim of error and affirm.“A search warrant will only issue upon facts sufficient to show probable cause that a crime is being committed or has been committed. OCGA § 17-5-21 (a).” State v. Palmer, 285 Ga. 75, 77 (673 SE2d 237) (2009).   The magistrate’s task in determining if probable cause exists to issue a search warrant is simply to make a practical, commonsense 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. Our duty in reviewing the magistrate’s decision in this case is to determine if the magistrate had a “substantial basis” for concluding that probable cause existed to issue the search warrants. A magistrate’s decision to issue a search warrant based on a finding of probable cause is entitled to substantial deference by a reviewing court. The test for probable cause is not a hypertechnical one to be employed by legal technicians, but is based on the “factual and practical considerations of everyday life on which reasonable and prudent men act.” Moreover, even doubtful cases should be resolved in favor of upholding a warrant.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Senior Deputy District Counsel / Principal Deputy District Counsel

ABOUT THIS RECRUITMENTOur attorneys face some of the most challenging, cutting-edge legal issues in the environmental field. As such, we ar...


Apply Now ›
SENIOR VICE PRESIDENT FOR LEGAL AFFAIRS AND GENERAL COUNSEL

Hofstra University enrolls over 6,000 undergraduate students and nearly 4,000 graduate students in 13 schools, which feature a variety of de...


Apply Now ›
IP ASSOCIATE, PATENT AGENT, TECHNICAL SPECIALIST (Patent Prosecution) (multiple locations)

McCarter & English, LLP is actively seeking a patent associate, patent agent, or technical specialist for its Intellectual Property Prac...


Apply Now ›
Go to Lawjobs