Chatham v. State

Phipps, Chief Judge.

Mickey Howard Chatham was indicted for three drug offenses. He filed a motion to suppress evidence seized from his residence pursuant to a search warrant, contending that the warrant was issued without probable cause. Chatham filed this interlocutory appeal from the denial of his motion to suppress. For the reasons that follow, we reverse.

“A search warrant will only issue upon facts sufficient to show probable cause that a crime is being committed or has been committed.”1

In determining probable cause for the issuance of a search warrant, the issuing magistrate must make a…