State v. Casey

Benham, Judge.

Following the execution of a search warrant at his home, appellee was indicted for possession of cocaine, possession of less than one ounce of marijuana, and possession of an article with an altered identification number. Appellee sought suppression of the contraband on the ground that sufficient facts had not been placed before the magistrate to conclude that probable cause existed to search appellee’s house. The trial court ordered suppression, and the State appeals from that order. See OCGA § 5-7-1 (4).

The affiant/police officer presented to the magistrate an affidavit in…