Cochran v. State (1975)

Had this data been submitted to a magistrate, and had the magistrate issued a warrant to search the vehicle, it is clear that the magistrate’s determination of probable cause would not be upheld in this court absent an affirmative showing of three elements: (1) That the magistrate was given adequate information to conclude the informant was reliable (E.g., McGuire v. State, 136 Ga. App. 271, 273 ( 220 SE2d 769 ) (1975); Bell v. State, 128 Ga. App. 426, 427 ( 196 SE2d 894 ) (…

In Covington this court held: “The use of the present tense in an affidavit to support a search warrant... [e.g., “a reliable informant... stated that now concealed within this residence is the above named illegal materials”] in the light of other recited circumstances, is sufficient to show the facts recited are current and not stale . . .” (Emphasis supplied.) In the instant case, there are no such “other recited circumstances.” All of the information upon which the warran…

Under Aguilar v. Texas, 378 U. S. 108 (84 SC 1509, 12 LE2d 723) (1964), as explicated by Spinelli v. United States, 393 U. S. 410 (89 SC 584, 21 LE2d 637) (1969), the reviewing court must be presented with (1) facts from which to conclude that the informer has an ascertainable basis for his knowledge (Cochran v. State, 136 Ga. App. 94, 96 ( 220 SE2d 83 ) (1975); Lowery v. State, 135 Ga. App. 423 ( 218 SE2d 132 ) (1975)); and (2) facts from which to conclude that the informan…

See Cochran v. State, 136 Ga. App. 94 ( 220 SE2d 83 ) (1975).

See Cochran v. State, 136 Ga. App. 94 ( 220 SE2d 83 ). 2.