Johnson v. State

Court of Appeals of Georgia

Johnson v. State

195 S.E.2d 754, 128 Ga. App. 51, 1973 Ga. App. LEXIS 1381

CourtCourt of Appeals of Georgia

DecidedFebruary 2, 1973

Docket47681, 47682

StatusPublished

Cited by1 cases

This text of 195 S.E.2d 754 (Johnson 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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Johnson v. State, 195 S.E.2d 754, 128 Ga. App. 51, 1973 Ga. App. LEXIS 1381 (Ga. Ct. App. 1973).

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Opinion

Hall, Presiding Judge.

Defendant appeals from the denial of his motions in two courts to suppress certain evidence alleged to have been illegally seized. Both courts certified the orders for immediate review.

There is insufficient probable cause for the issuance of the search warrant on its face. The affidavit states no factual reasons for the reliability of the unnamed informer nor any facts to support the reiterated, bare conclusion that the property was stolen. Spinelli v. United States, 393 U. S. 410 (89 SC 584, 21 LE2d 637); United States v. Ventresca, 380 U. S. 102 (85 SC 741, 13 LE2d 684); Marshall v. State, 113 Ga. App. 143 (147 SE2d 666). The record upon hearing does not support the State’s contentions that the issuing magistrate had sufficient additional information or that there was a consent to search. The courts erred in denying the motions to suppress.

Judgment reversed.

Evans and Clark, JJ., concur.

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Hall, Presiding Judge.

Defendant appeals from the denial of his motions in two courts to suppress certain evidence alleged to have been illegally seized. Both courts certified the orders for immediate review.

There is insufficient probable cause for the issuance of the search warrant on its face. The affidavit states no factual reasons for the reliability of the unnamed informer nor any facts to support the reiterated, bare conclusion that the property was stolen. Spinelli v. United States, 393 U. S. 410 (89 SC 584, 21 LE2d 637); United States v. Ventresca, 380 U. S. 102 (85 SC 741, 13 LE2d 684); Marshall v. State, 113 Ga. App. 143 (147 SE2d 666). The record upon hearing does not support the State’s contentions that the issuing magistrate had sufficient additional information or that there was a consent to search. The courts erred in denying the motions to suppress.

Judgment reversed.

Evans and Clark, JJ., concur.

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195 S.E.2d 754, 128 Ga. App. 51, 1973 Ga. App. LEXIS 1381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-gactapp-1973.

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