State v. Farmer

I respectfully dissent.

The trial court granted the defendant’s motion to suppress, having concluded that the agent’s affidavit was deficient of itself and that there was no evidence that certain additional information, which the officer testified to at the motion hearing, had been given to the magistrate. In considering whether to issue a search warrant, the magistrate may consider both the affidavit and oral testimony under oath as to probable cause. Maddox v. State, 133 Ga. App. 709, 710 (213 SE2d 1) (1975).

1. At issue is whether the affidavit is insufficient as a matter of federal…