Stephens v. State

Pope, Judge.

This is an interlocutory appeal of the trial court’s denial of defendants’ motion to suppress. The sole issue is whether the affidavit upon which the issuance of the search warrant was based can pass constitutional muster.

“The state has the burden of showing that probable cause existed and that the facts establishing probable cause were presented to the magistrate prior to the issuance of the warrant.” Reddish v. State, 161 Ga. App. 170 (288 SE2d 266) (1982). When, as here, the issuance of a search warrant is based solely upon the affirmations of probable cause in an affidavit,…