Dearing v. State, 505 S.E.2d 485 (Ga. Ct. App. 1998). · Go Syfert
Dearing v. State, 505 S.E.2d 485 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
32 citation events (28 in the last 25 years) across 1 distinct court.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
cited Cited as authority (rule) Landry Brian Jones v. State
Ga. Ct. App. · 2016 · confidence medium
Sutton v. State, 319 Ga. App. 597, 597-98 ( 737 SE2d 706 ) (2013); Dearing v. State, 233 Ga. App. 630, 632 ( 505 SE2d 485 ) (1998).
cited Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2016 · confidence medium
Sutton v. State, 319 Ga. App. 597, 597-98 ( 737 SE2d 706 ) (2013); Dearing v. State, 233 Ga. App. 630, 632 ( 505 SE2d 485 ) (1998).
discussed Cited as authority (rule) Terry Nelson Galloway v. State
Ga. Ct. App. · 2015 · confidence medium
Sutton v. State, 319 Ga. App. 597 ( 737 SE2d 706 ) (2013); Dearing v. State, 233 Ga. App. 630, 632 ( 505 SE2d 485 ) (1998) (in response to a motion to suppress evidence seized pursuant to a search warrant, the State has the burden of proving that an informant who provided information to the affiant applying for the search warrant was reliable); OCGA § 17-5-30 (b).
discussed Cited as authority (rule) Galloway v. State
Ga. Ct. App. · 2015 · confidence medium
Sutton v. State, 319 Ga. App. 597 ( 737 SE2d 706 ) (2013); Dearing v. State, 233 Ga. App. 630, 632 ( 505 SE2d 485 ) (1998) (in response to a motion to suppress evidence seized pursuant to a search warrant, the State has the burden of proving that an informant who provided information to theaffiantapplyingforthesearchwarrantwasreliable);OCGA § 17-5-30 (b).
discussed Cited as authority (rule) Sutton v. State
Ga. Ct. App. · 2013 · confidence medium
Under OCGA § 17-5-30 (a) (2), a defendant may move the court to suppress seized evidence on the grounds that “[t]he search and seizure with a warrant was illegal because the warrant is insufficient on its face, there was not probable cause for the issuance of the warrant, or the warrant was illegally executed.” Further, under OCGA § 17-5-30 (b), “the burden of proving that the search and seizure were lawful shall be on the [S]tate.” See also Dearing v. State, 233 Ga. App. 630, 632 ( 505 SE2d 485 ) (1998) (In response to a motion to suppress evidence seized pursuant to a search warran…
discussed Cited as authority (rule) Eric Michael Sutton v. State
Ga. Ct. App. · 2013 · confidence medium
Under OCGA § 17-5-30 (a) (2), a defendant may move the court to suppress seized evidence on the grounds that “[t]he search and seizure with a warrant was illegal because the warrant is insufficient on its face, there was not probable cause for 1 This Court granted Sutton’s application for interlocutory appeal, Case No. A12I0154. the issuance of the warrant, or the warrant was illegally executed.” Further, under OCGA § 17-5-30 (b), “the burden of proving that the search and seizure were lawful shall be on the [S]tate.” See also Dearing v. State, 233 Ga. App. 630, 632 ( 505 SE2d 485 …
discussed Cited as authority (rule) State v. Donaldson
Ga. Ct. App. · 2006 · confidence medium
Blackburn, P. J., and Adams, J., concur. 1 (Footnote omitted.) Copeland v. State, 273 Ga. App. 850 (1) (a) ( 616 SE2d 189 ) (2005). 2 Ledbetter v. State, 190 Ga. App. 843, 844 (1) ( 380 SE2d 313 ) (1989). 3 Dearing v. State, 233 Ga. App. 630, 633 ( 505 SE2d 485 ) (1998); see also Davis v. State, 266 Ga. 212, 213 ( 465 SE2d 438 ) (1996) (“The resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants.”) (citation and punctuation omitted). 4 (Citation omitted.) Browner v. State, 265 Ga. App. 788, 789 (1) ( 595 SE2d 610 ) (2…
discussed Cited as authority (rule) State v. Hall
Ga. Ct. App. · 2005 · confidence medium
Further, “doubtful cases should be resolved in favor of upholding search warrants.” Dearing v. State, 233 Ga. App. 630, 633 ( 505 SE2d 485 ) (1998); see also Davis v. State, 266 Ga. 212, 213 ( 465 SE2d 438 ) (1996) (“The resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants.”) (citation and punctuation omitted).
discussed Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2004 · confidence medium
Eldridge and Mikell, JJ, concur. 1 Houston v. State, 242 Ga. App. 300 ( 529 SE2d 431 ) (2000). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Houston, supra. 4 Id. 5 See Nealy v. State, 239 Ga. App. 651, 654-655 (5) ( 522 SE2d 34 ) (1999). 6 Lyons v. State, 258 Ga. App. 9, 10 (1) ( 572 SE2d 632 ) (2002). 7 Id. 8 Id. 9 State v. Towe, 246 Ga. App. 808, 811 (1) ( 541 SE2d 423 ) (2000). 10 Id. 11 Id. 12 See generally Dearing v. State, 233 Ga. App. 630, 633 ( 505 SE2d 485 ) (1998). 13 See Jones v. State, 255 Ga. App. 540, 541 ( 566 SE2d 1 ) (2002). 14 Williams v. State, 239 Ga. App. 671, 672 (…
discussed Cited as authority (rule) McAlister v. State
Ga. Ct. App. · 1999 · confidence medium
And the duty of a reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed.’ (Citations and punctuation omitted.) 217 Ga. App. at 225-226 .” Dearing v. State, 233 Ga. App. 630, 631 ( 505 SE2d 485 ).
discussed Cited "see, e.g." James v. State (2×)
Ga. Ct. App. · 2011 · signal: compare · confidence medium
Compare Eaton v. State, 210 Ga. App. 273, 274 ( 435 SE2d 756 ) (1993) (affiant did not present any facts upon which the magistrate could have determined the veracity of any of the informants), with Dearing v. State, 233 Ga. App. 630, 632 ( 505 SE2d 485 ) (1998) (totality of the circumstances included evidence that the informant could be considered a concerned citizen).
examined Cited "see, e.g." Price v. State. (3×)
Ga. Ct. App. · 2009 · signal: see also · confidence medium
Ellington and Mikell, JJ., concur. 1 See Sullivan v. State, 284 Ga. 358, 360 (2) ( 667 SE2d 32 ) (2008); Copeland v. State, 273 Ga. App. 850 (1) (a) ( 616 SE2d 189 ) (2005); Gilliard v. State, 273 Ga. App. 347, 349 ( 615 SE2d 187 ) (2005). 2 Copeland, supra. 3 State v. Donaldson, 281 Ga. App. 51, 52 ( 635 SE2d 345 ) (2006). 4 Powers v. State, 261 Ga. App. 296, 302 (4) ( 582 SE2d 237 ) (2003). 5 See Cochran v. State, 281 Ga. 4, 6 ( 635 SE2d 701 ) (2006) (confidential informant’s statement against his penal interest elevated the reliability of that statement); see also Graddy v. State, 277 Ga.…
discussed Cited "see, e.g." Gordon v. State (2×)
Ga. Ct. App. · 2000 · signal: compare · confidence low
McMurray, P. J., and Phipps, J., concur. 1 Dawson v. State, 238 Ga. App. 263 ( 518 SE2d 477 ) (1999). 2 Id. 3 See Stewart v. State, 217 Ga. App. 45 ( 456 SE2d 693 ) (1995); compare Dearing v. State, 233 Ga. App. 630 ( 505 SE2d 485 ) (1998). 4 See Buffington v. State, 228 Ga. App. 810, 812 ( 492 SE2d 762 ) (1997). 5 Solomon v. State, 236 Ga. App. 778 ( 513 SE2d 520 ) (1999). 6 Stanley v. State, 213 Ga. App. 95, 96 ( 443 SE2d 633 ) (1994). 7 See id.; State v. Holton, 205 Ga. App. 434, 436-437 (1) ( 422 SE2d 295 ) (1992). 8 (Citations and punctuation omitted.) Solomon, supra at 780 (1). 9 See id.…
Retrieving the full opinion text from the archive…
Dearing
v.
the State
A98A0568.
Court of Appeals of Georgia.
Jun 8, 1998.
505 S.E.2d 485
Glyndon C. Pruitt, for appellant., Lydia J. Sartain, District Attorney, J. Philip Milam, Assistant District Attorney, for appellee.
Smith, Birdsong, Johnson.
Cited by 13 opinions  |  Published
Smith, Judge.

Based on evidence seized pursuant to a search warrant, Amanda Dearing was indicted on one charge of possession of methamphetamine with intent to distribute. She filed a motion to suppress, arguing among other things that the warrant was illegally issued because the veracity and basis of knowledge of the person characterized as a “concerned citizen” were insufficiently presented to the magistrate. The trial court denied the motion, and Dearing was subsequently tried and convicted of the crime with which she was charged. Her motion for new trial as amended was denied, and she now appeals, raising as error the trial court’s denial of her motion to suppress. The issue in this case focuses on whether the affidavit supporting the application for a search warrant established sufficient probable cause to search. The basis for the affidavit was a tip by a confidential informant. In particular, Dearing contends that this confidential informant was erroneously afforded “concerned citizen” status. We do[*631] not agree, and we affirm.

The affiant in this case, a narcotics agent with the Gainesville Police Department, stated in the affidavit that he had been contacted by a concerned citizen. He stated that the concerned citizen had been at certain specified premises on or between the dates of August 23 and August 31, 1995, and had observed a quantity of white powder represented by Dearing and another suspect to be amphetamine powder. He considered the informant’s tip to be true and reliable because the informant was “a mature person gainfully employed in a full time capacity,” had no known criminal record, and “displayed an open and truthful demeanor with no apparent motivation to falsify” the information. In addition, he stated that the individual’s motivation for supplying the information arose from the individual’s life experiences, as the individual “had the opportunity to see how drug addictions can affect abusers as well as the abusers [sic] family members,” and the individual wished to help other members of the community.

In deciding whether an affidavit established probable cause necessary for issuance of a search warrant, it is well settled that we must apply the “totality of the circumstances analysis [utilized] in Illinois v. Gates, 462 U. S. 213 (103 SC 2317, 76 LE2d 527) (1983).” State v. Davis, 217 Ga. App. 225 (457 SE2d 194) (1995), aff’d, Davis v. State, 266 Ga. 212 (465 SE2d 438) (1996). “Under that analysis, the task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, including the veracity and basis of knowledge of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of a reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed.” (Citations and punctuation omitted.) 217 Ga. App. at 225-226.

We conclude that the magistrate in this case was provided sufficient information from which to find probable cause to issue a warrant. The informant described in this case is similar to that described in Davis, supra, a case in which we reversed the trial court’s grant of defendant’s motion to suppress. According to the affiant in that case, the informant was in good standing in the community, owned his own business, and had nothing to gain by providing information about the defendant. Davis, supra, 217 Ga. App. at 226. The affiant there was considered a “concerned citizen” and therefore was afforded “a preferred status insofar as testing the credibility of his information.” (Punctuation omitted.) Id. at 227. Similarly, the affiant here stated that the informant was gainfully employed, had no criminal record, and appeared to have nothing to gain by providing infor[*632] mation to the police. These statements by the affiant provided the magistrate with some facts forming the basis for the affiant’s conclusion that the informant was truthful. Compare Gary v. State, 262 Ga. 573, 577 (422 SE2d 426) (1992) (no facts supporting affiant’s conclusion that informant was truthful presented to magistrate).

Eaton v. State, 210 Ga. App. 273 (435 SE2d 756) (1993), relied upon by Dearing, is not controlling. In that case, the affiant admitted on cross-examination at the motion to suppress hearing that he did not know the informant and that the only basis for his characterization of the informant as a concerned citizen was “what the informant himself told the officer on the phone.” Id. at 275. See also Davis, supra, 217 Ga. App. at 226. In contrast, the affidavit here shows that this officer judged the citizen’s demeanor. Moreover, as in Davis, Dearing offered nothing in opposition to the evidence produced by the State concerning the informant’s reliability. “In this evidentiary posture, the state met its burden of proof as a matter of law and the denial of [Dealing’s] motion to suppress was mandated. The resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants.” (Citations and punctuation omitted.) Davis, supra, 266 Ga. at 213.

Dearing also argues that the warrant was not supported by probable cause because the information provided by the informant was not sufficiently corroborated. The affiant stated that his investigation showed to be true and correct the informant’s description of and directions to the premises where the contraband was seized. In addition, the affiant corroborated that Dearing and the other suspect lived at the premises where the contraband was seized. Finally, the affiant found to be accurate physical and vehicle descriptions provided by the informant.

Whether the affiant sufficiently corroborated the informant’s tip is questionable, as the affiant basically testified only that Dearing lived at the dwelling where the informant said she lived. See Davis v. State, 214 Ga. App. 36, 37 (447 SE2d 68) (1994); Gary v. State, supra. But the magistrate is not limited to consideration of corroborating evidence when making a practical, common sense decision as to whether a fair probability exists that contraband may be found in a certain place. Rather, as discussed above, the magistrate must examine the totality of circumstances when making this decision. Davis, supra, 217 Ga. App. at 225-226. While corroboration may be necessary to cure deficiencies caused by the failure to establish the reliability of a confidential informant, see Wood v. State, 214 Ga. App. 848, 849 (449 SE2d 308) (1994), here, the reliability of the informant was established. The totality of the circumstances here included evidence that the informant could be considered a concerned citizen and evidence that the informant saw the contraband at the premises[*633] occupied by Dearing. Considering this, and given the mandate that doubtful cases should be resolved in favor of upholding search warrants, we cannot say that the trial court erred in concluding the affidavit provided sufficient probable cause for issuing the warrant.

Decided June 8, 1998 Reconsideration denied July 29, 1998 Glyndon C. Pruitt, for appellant. Lydia J. Sartain, District Attorney, J. Philip Milam, Assistant District Attorney, for appellee.

Judgment affirmed.

Birdsong, P. J., and Johnson, J., concur.

On Motion for Reconsideration.

On motion for reconsideration, Dearing argues primarily that this case is controlled by this Court’s recent decision in Pailette v. State, 232 Ga. App. 274 (501 SE2d 603) (1998). Although similar in many respects, the facts of these two cases are distinguished.

Significantly, it appears that the affidavit in Pailette did not disclose information concerning the criminal record of the informant, nor did it disclose any information concerning the informant’s life experiences, as did the affidavit here, factors that could have influenced the trial court’s conclusion that the citizen was reliable and that probable cause existed to issue the warrant.

We also note that although this Court recited in Pailette that an officer received information from a “concerned citizen,” the affidavit itself in Pailette does not appear to have mentioned that the informant should have been afforded this status. This omission may explain why this Court did not examine the facts of Pailette in light of cases such as State v. Davis, 217 Ga. App. 225 (457 SE2d 194) (1995), aff’d, Davis v. State, 266 Ga. 212 (465 SE2d 438) (1996), recognizing the preferred status given to information provided by concerned citizens. Under the circumstances of this case, even in light of Pailette, and under the well-established law that “marginal cases in this area should be largely determined by the preference to be accorded to warrants,” we cannot say the trial court erred in denying Bearing’s motion to suppress. (Citations and punctuation omitted.) Davis, supra, 266 Ga. at 213.