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

Court of Appeals of Georgia·Decided January 26, 1972·No. 46582·Published

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] informant 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.

Free access — add to your briefcase to read the full text and ask questions with AI

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] informant 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.

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

Pincite

187 S.E.2d 554 (Courson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related