Courson v. State

Court of Appeals of Georgia

Courson v. State

187 S.E.2d 554, 125 Ga. App. 373, 1972 Ga. App. LEXIS 1340

CourtCourt of Appeals of Georgia

DecidedJanuary 26, 1972

Docket46582

StatusPublished

This text of 187 S.E.2d 554 (Courson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Courson v. State, 187 S.E.2d 554, 125 Ga. App. 373, 1972 Ga. App. LEXIS 1340 (Ga. Ct. App. 1972).

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Opinion

Quillian, Judge.

"Where the information upon which an officer seeks the issuance of a search warrant comes from an informant who is not named, it is essential that sufficient facts be stated with specificity to indicate that the [374]*374informant was reliable.” Burns v. State, 119 Ga. App. 678 (2) (168 SE2d 786). In the present case the affidavit for the search warrant only stated: "Deputy Sheriff Randy Howard stated he had information from a reliable informer that Darrell E. Courson, would be coming from Atlanta, with some acid and Marijuana or LSD, and would be driving a 1970 Torino Ford 31-2775, and would be accompanied by Michael Underwood and Richard Blair.”

Argued September 15, 1971 Decided January 26, 1972. Myers & Parks, John R. Parks,for appellant.

As was held in Burns v. State, 119 Ga. App. 678, 683, supra: "It is not enough simply to recite that from information received from a reliable informant the affiant has come to suspect or to believe that a named person is in possession of contraband items. Nathanson v. U. S., 290 U. S. 41 (54 SC 11, 78 LE 159).” See Patterson v. State, 124 Ga. App. 465 (184 SE2d 228). The warrant having been illegally issued it was error to deny the motion to suppress.

Judgment reversed.

Jordan, P. J., and Evans, J., concur.

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Quillian, Judge.

"Where the information upon which an officer seeks the issuance of a search warrant comes from an informant who is not named, it is essential that sufficient facts be stated with specificity to indicate that the [374]*374informant was reliable.” Burns v. State, 119 Ga. App. 678 (2) (168 SE2d 786). In the present case the affidavit for the search warrant only stated: "Deputy Sheriff Randy Howard stated he had information from a reliable informer that Darrell E. Courson, would be coming from Atlanta, with some acid and Marijuana or LSD, and would be driving a 1970 Torino Ford 31-2775, and would be accompanied by Michael Underwood and Richard Blair.”

Argued September 15, 1971 Decided January 26, 1972. Myers & Parks, John R. Parks,for appellant.

As was held in Burns v. State, 119 Ga. App. 678, 683, supra: "It is not enough simply to recite that from information received from a reliable informant the affiant has come to suspect or to believe that a named person is in possession of contraband items. Nathanson v. U. S., 290 U. S. 41 (54 SC 11, 78 LE 159).” See Patterson v. State, 124 Ga. App. 465 (184 SE2d 228). The warrant having been illegally issued it was error to deny the motion to suppress.

Judgment reversed.

Jordan, P. J., and Evans, J., concur.

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187 S.E.2d 554, 125 Ga. App. 373, 1972 Ga. App. LEXIS 1340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/courson-v-state-gactapp-1972.

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