The State v. Perez.
The State v. Perez.
Opinion
In this drug trafficking case, the State appeals the trial court's grant of a motion to suppress all of the evidence seized at a residence pursuant to two search warrants. 1 Because we find that the affidavits underlying these warrants provided the magistrate with sufficient information to support probable cause, we reverse the trial court's order granting the motion to suppress.
Under OCGA § 17-5-21 (a), the issuance of a search warrant must be based upon an affidavit "which states facts sufficient to show probable cause that a crime is being committed or has been committed[.]" This means that the "search warrant must be supported by probable cause, or reasonable grounds, to believe that evidence of a crime will be found in a particular place."
Hamlett v. State
,
The magistrate's task in determining if probable cause exists to issue a search *806 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.
State v. Palmer
,
A defendant may seek to suppress evidence seized pursuant to a search warrant on the ground that there was no probable cause for the issuance of the warrant. OCGA § 17-5-30 (a) (2). 2 Where a motion to suppress asserts lack of probable cause,
the burden of showing that the search and seizure were lawful shall be on the state. This burden upon the state is satisfied by production of the warrant and its supporting affidavit, and by showing either by those documents or by other evidence that the warrant is not subject to the statutory challenge alleged[.]
(Citation and emphasis submitted.)
Smith v. State
,
On appeal,
[o]ur appellate courts will review the search warrant to determine the existence of probable cause using the totality of the circumstances analysis set forth in Illinois v. Gates ,462 U.S. 213 [103 S.Ct. 2317 ,76 L.Ed.2d 527 ] (1983). The duty of the appellate courts is to determine if the magistrate had a substantial basis for concluding that probable cause existed to issue the search warrant. The Fourth Amendment requires no more.
(Citations and punctuation omitted.)
Palmer
,
Here, because the magistrate only considered the evidence in the warrant applications in issuing the search warrants, our analysis is confined to the four corners of those documents. See
Coleman v. State
,
The affidavit further provided that HS and GMTF investigators served a search warrant at the Lawrenceville address, 3 where Pineda was the only individual inside, and "located handguns, cellular telephones, [a] large amount of suspected cocaine and [a] large amount of suspected Methamphetamine, and US Currency." A crime analyst conducted a background search on Pineda and determined that one of the addresses listed for him was the apartment in Duluth. The Investigator averred that he sought the First Warrant to search that apartment in order to find U.S. currency, ledgers, and documents relating to the transportation and distribution of illegal narcotics, cell phones, plastic bags, cellophane wrap, photographs, and tools consistent with counting and weighing. The magistrate issued this warrant, and it was executed on the Duluth apartment.
The Investigator submitted the application for a second warrant a short time later, asserting he had probable cause to believe that the offenses of trafficking in methamphetamine (more than 28 grams, less than 200 grams) and possession of gun during the commission of that crime were being or had been committed. In the supporting affidavit, the Investigator cited the same facts used to support the First Warrant and additionally averred that during the execution of the First Warrant at the apartment, GMTF and HS investigators had located a substance "which field tested positive for Methamphetamine, weapons[,] and [a] large amount of cash."
Although the affidavits supporting the Warrants (hereinafter collectively the "Affidavits") appear to be based almost entirely on hearsay, as the Investigator never indicates that he had any personal involvement in gathering the facts contained therein, "[h]earsay and even hearsay upon hearsay may be sufficient" to furnish probable cause if the magistrate is given "a substantial basis for crediting such hearsay." (Citation omitted.)
Cochran v. State
,
The trial court correctly concluded that the information initially provided by the "confidential reliable informant" was insufficient in and of itself to support probable cause to search the apartment as the Affidavits provide no further information about this source to allow the magistrate to make an independent determination regarding his reliability. See
Pailette v. State
,
Here, the Affidavits cite the informant's description of the "suspects' vehicle" as a *808 "silver Toyota with a drive out tag." HS investigators identified a vehicle matching that description at the apartment and determined that it was registered to Pineda. Pineda traveled in that car from the apartment to the Lawrenceville address, where investigators set up surveillance and observed actions by two suspects consistent with a drug buy. Traffic stops were later initiated, and both stops resulted in the discovery of a substance that field-tested as methamphetamine. A subsequent search of the Lawrenceville address pursuant to a separate warrant found Pineda inside with large amounts of cocaine and methamphetamine, evidence that the Investigator cited to establish probable cause of trafficking in methamphetamine. The Affidavits connect the drug activity from the Lawrenceville address back to the Apartment based on a background check conducted by a crime analyst on Richard Pineda, which revealed that "one of the addresses for him was listed as [the apartment]." And Pineda had just been observed leaving the apartment with a bag and traveling to the Lawrenceville address.
We find that the evidence in the Affidavits sufficiently corroborated the information received from the informant and established a nexus between the apartment and the Lawrenceville address. Therefore, based on the totality of the circumstances, we find that the Warrants were supported by probable cause. See
Briscoe v. State
,
Accordingly, we reverse the trial court's order granting Perez's motion to suppress.
Judgment reversed.
Barnes, P. J., and Reese, J., concur.
Appellee Irving Arroyo Perez was apparently in the apartment at the time of the searches, and he was arrested in connection with the contraband that was found.
OCGA § 17-5-30 (a) (2) provides:
A defendant aggrieved by an unlawful search and seizure may move the court for the return of property, the possession of which is not otherwise unlawful, and to suppress as evidence anything so obtained on the grounds that: ... [t]he search and seizure with a warrant was illegal because the warrant is insufficient on its face, there was not probable cause for the issuance of the warrant, or the warrant was illegally executed.
Perez is not contesting this search warrant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.