Smith v. State

Judge Harold R. Banke.

Traci Smith was charged with possession of cocaine and marijuana. After the trial court denied his motion to suppress, he was convicted of cocaine possession based on stipulated facts presented at a bench trial. In this appeal, he contends that the cocaine was seized pursuant to a search warrant unsupported by probable cause.

The evidence introduced at the hearing on the motion to suppress showed that a housing project known as Lyman Homes was under surveillance by the Marietta Police Department because of numerous complaints of illegal drug sales. The area is also…