Legal Opinion

State v. Mabrey

Court of Appeals of Georgia

Decided November 12, 1976No. 52996PublishedCited by 14 opinions

1Opinion of the Court

Deen, Presiding Judge.

When a search warrant issues on the basis of information furnished by an unidentified informant it must include underlying circumstances from which the agent concluded that the informant was credible or his information reliable. Aguilar v. Texas, 378 U. S. 108 (84 SC 1509, 12 LE2d 723). Past reliability is important in evaluating present credibility, though it is always present reliability which is at issue when a search warrant is being sought. Smith v. State, 136 Ga. App. 17, 18 (220 SE2d 11). Without question, an informant without an established past reliability may…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. United States v. HarrisSupreme Court of the United States · 1971
  3. Smith v. StateCourt of Appeals of Georgia · 1975
  4. Miller v. StateCourt of Appeals of Georgia · 1972
  5. Mitchell v. StateCourt of Appeals of Georgia · 1975

3Cited by14 opinions

  1. State v. JohnstonCourt of Appeals of Georgia · 1981
  2. Merrick v. StateCourt of Appeals of Maryland · 1978
  3. Galgano v. StateCourt of Appeals of Georgia · 1978
  4. State v. SheadCourt of Appeals of Georgia · 1981
  5. Aldridge v. StateCourt of Appeals of Georgia · 1980

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