Page v. State

Stolz, Judge.

Appellant, who was charged with the offense of possessing beer for resale without a valid license, appeals the denial of his motion to suppress evidence seized during a search of his store. Held:

It is incumbent upon a magistrate to make an independent determination of probable cause before he issues a search warrant. InReid v. State, 129 Ga. App. 660 (200 SE2d 456), we held that an affidavit, sufficient both as to form and content, could not support a search warrant where the issuing magistrate testified that he had not made any decision from reading the sheriffs affidavit but…