State v. Davis
Court of Appeals of Georgia
1DissentMcMurray, Presiding Judge
“ ‘In determining whether an affidavit sufficiently establishes the probable cause necessary for issuance of a warrant, we employ the totality of the circumstances analysis enunciated in Illinois v. Gates, 462 U. S. 213 (103 SC 2317, 76 LE2d 527) (1983), and adopted by (the Georgia Supreme) (C)ourt in State v. Stephens, 252 Ga. 181 (311 SE2d 823) (1984), with the admonition that prudence counsels that Gates be considered as the outer limit of probable cause. Under that analysis, the task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the…
2Cases cited5 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- State v. StephensSupreme Court of Georgia · 1984
- Gary v. StateSupreme Court of Georgia · 1992
- Eaton v. StateCourt of Appeals of Georgia · 1993
- McRae v. StateCourt of Appeals of Georgia · 1992