State v. Palmer, 673 S.E.2d 237 (Ga. 2009). · Go Syfert
State v. Palmer, 673 S.E.2d 237 (Ga. 2009). Cases Citing This Book View Copy Cite
346 citation events (346 in the last 25 years) across 2 distinct courts.
Strongest positive: Jones v. State (gactapp, 2016-06-23)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Jones v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2016 · quote attribution · 1 verbatim quote · confidence high
although in a particular case it may not be easy to determine when an affidavit demonstrates the existence of probable cause, the resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants.
examined Cited as authority (verbatim quote) Landry Brian Jones v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2016 · quote attribution · 1 verbatim quote · confidence high
although in a particular case it may not be easy to determine when an affidavit demonstrates the existence of probable cause, the resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants.
examined Cited as authority (verbatim quote) Jones v. State (2×) also: Cited as authority (rule)
Ga. · 2013 · signal: see also · quote attribution · 1 verbatim quote · confidence high
although in a particular case it may not be easy to determine when an affidavit demonstrates the existence of probable cause, the resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants.
discussed Cited as authority (verbatim quote) Adams v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
ven doubtful cases should be resolved in favor of upholding a magistrate's determination that a warrant is proper
examined Cited as authority (quoted) Jackson v. State (2×) also: Cited as authority (rule)
Ga. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
if any omissions on the part of the officer 23 are offset by independent corroboration of criminal activity, then the magistrate may still have sufficient information to find that probable cause exists.
cited Cited as authority (rule) State v. Joseph McElroy
Ga. Ct. App. · 2024 · confidence medium
State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009).
discussed Cited as authority (rule) State v. Britton (2×)
Ga. · 2023 · confidence medium
State v. Palmer, 285 Ga. 75, 77-78 ( 673 SE2d 237 ) (2009) (citation and punctuation omitted).
discussed Cited as authority (rule) State v. Wilson (2×)
Ga. · 2023 · confidence medium
In reviewing the trial court’s grant of the motion to suppress, “we apply the well-established principles that the trial court’s findings as to disputed facts will be upheld unless clearly erroneous and the trial court’s application of the law to undisputed facts is subject to de novo review.” State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009) (citation and punctuation omitted).
discussed Cited as authority (rule) Winslow v. State (2×)
Ga. · 2022 · confidence medium
So although we take the arguments as they come and treat it as a question of fact in this case, this opinion should not be understood as deciding the thorny question of which standard of review is properly applied in future cases. 8 construes the evidence most favorably to upholding the trial court’s findings and judgment and will not disturb the trial court’s findings of fact if there is any evidence to support them.” Id. “[T]he trial court’s application of the law to undisputed facts is subject to de novo review. . . .” (Citation omitted.) State v. Palmer, 285 Ga. 75, 78 (673 SE2…
discussed Cited as authority (rule) Winslow v. State
Ga. · 2022 · confidence medium
So although we take the arguments as they come and treat it as a question of fact in this case, this opinion should not be understood as deciding the thorny question of which standard of review is properly applied in future cases. construes the evidence most favorably to upholding the trial court’s findings and judgment and will not disturb the trial court’s findings of fact if there is any evidence to support them.” Id. “[T]he trial court’s application of the law to undisputed facts is subject to de novo review. . . .” (Citation omitted.) State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d…
examined Cited as authority (rule) Geoffrey Craig Pickens v. State (3×)
Ga. Ct. App. · 2022 · confidence medium
OCGA § 17-5-21 (a).” State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009).
discussed Cited as authority (rule) Palmer v. State (2×) also: Cited "see"
Ga. · 2021 · confidence medium
(Citation and punctuation omitted.) State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009).
examined Cited as authority (rule) Johnson v. State (4×) also: Cited "see"
Ga. · 2021 · confidence medium
To determine whether probable cause exists to issue a search warrant, the task of the magistrate judge evaluating an application for a search warrant “is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, . . . there is a fair probability that contraband or evidence of a crime will be found in a particular place.” State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009) (citation and punctuation omitted).
examined Cited as authority (rule) Paul Serdula v. State (7×) also: Cited "see"
Ga. Ct. App. · 2020 · confidence medium
As explained by our Supreme Court, a search warrant will “only issue upon facts sufficient to show probable cause 304 Ga. 406 , 409 ( 819 SE2d 37 ) (2018) (holding that, in reviewing a trial court’s ruling on a motion to suppress evidence, “an appellate court must construe the evidentiary record in the light most favorable to the trial court’s factual findings and judgment[,] and . . . limit its consideration of the disputed facts to those expressly found by the trial court” (punctuation omitted)); Thompson, 348 Ga. App. at 611-12 (1) (explaining that when reviewing a trial court’s…
discussed Cited as authority (rule) Shannon Lamont McMurray v. State
Ga. Ct. App. · 2020 · confidence medium
“A deferential standard of review is appropriate to further the Fourth Amendment’s strong preference for searches conducted pursuant to a warrant.” (Citation and punctuation omitted.) State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009).
examined Cited as authority (rule) State v. Robert Scott Cartee (5×) also: Cited "see, e.g."
Ga. Ct. App. · 2020 · confidence medium
Palmer, 285 Ga. at 77 (citation omitted).
examined Cited as authority (rule) Tyrin L. Ferguson v. State (3×)
Ga. Ct. App. · 2020 · confidence medium
“The magistrate’s task in determining if probable causes exists to issue a search warrant is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before [her], . . . there is a fair probability that contraband or evidence of a crime will be found in a particular place.” State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009) (citation omitted).
discussed Cited as authority (rule) Spencer T. Mason v. State
Ga. Ct. App. · 2020 · confidence medium
Finally, “[a]lthough in a particular case it may not be easy to determine when an affidavit demonstrates the existence of probable cause, 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.) State v. Palmer, 285 Ga. 75, 77-78 ( 673 SE2d 237 ) (2009).
discussed Cited as authority (rule) Donald Terald Burgess v. State (2×) also: Cited "see"
Ga. Ct. App. · 2019 · confidence medium
Under the Fourth Amendment to the United States Constitution, OCGA § 17-5- 21 (a), and established precedent, “[a] search warrant will only issue upon facts 7 sufficient to show probable cause that a crime is being committed or has been committed.” State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009).
discussed Cited as authority (rule) Mizell v. State
Ga. · 2018 · confidence medium
Florida v. Jardines, 569 U. S. 1, 6 (II) (A) ( 133 SCt 1409 , 185 LE2d 495) (2013).3 OCGA § 17-5-21 (a) provides that a search warrant may be issued only upon an affidavit “which states facts sufficient to show probable cause that a crime is being committed or has been committed.” This Court summarized the applicable standards in State v. Palmer, 285 Ga. 75, 77-78 ( 673 SE2d 237 ) (2009): The magistrate’s task in determining if probable cause exists to issue a search warrant is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affida…
cited Cited as authority (rule) Glenn v. State
Ga. · 2017 · confidence medium
State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009).
cited Cited as authority (rule) Glenn v. State
Ga. · 2017 · confidence medium
State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009).
discussed Cited as authority (rule) Glispie v. State
Ga. · 2016 · confidence medium
In determining whether probable cause exists to issue a warrant, a magistrate makes a “practical, common-sense 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.” (Citations and punctuation omitted.) State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009); see also OCGA § 17-5-21 (a).
cited Cited as authority (rule) Gerbert v. State
Ga. Ct. App. · 2016 · confidence medium
State v. Palmer, 285 Ga. 75, 77-78 ( 673 SE2d 237 ) (2009).
cited Cited as authority (rule) Alexander Sean Gerbert v. State
Ga. Ct. App. · 2016 · confidence medium
State v. Palmer, 285 Ga. 75, 77-78 ( 673 SE2d 237 ) (2009).
cited Cited as authority (rule) Brian Evan Jacobs v. State
Ga. Ct. App. · 2016 · confidence medium
State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009) (citation omitted).
cited Cited as authority (rule) Jacobs v. State
Ga. Ct. App. · 2016 · confidence medium
State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009).
discussed Cited as authority (rule) Torres v. the State
Ga. Ct. App. · 2016 · confidence medium
“A search warrant will only issue upon facts sufficient to show probable cause that a crime is being committed or has been committed.” State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009) (citing OCGA § 17-5-21 (a)).
discussed Cited as authority (rule) Coleman v. the State
Ga. Ct. App. · 2016 · confidence medium
Porter, District Attorney, Marlene S. Zekser, Assistant District Attorney, for appellee. 1 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984). 2 Wright v. State, 291 Ga. 869, 870 (2) ( 734 SE2d 876 ) (2012) (citations and punctuation omitted). 3 Smith v. State, 296 Ga. 731, 733 (2) (a) ( 770 SE2d 610 ) (2015) (citation omitted). 4 OCGA§ 17-5-21 (a). 5 462 U. S. 213 ( 103 SCt 2317 , 76 LE2d 527) (1983). 6 State v. Palmer, 285 Ga. 75, 77-78 ( 673 SE2d 237 ) (2009) (citations and punctuation omitted). 7 Curry v. State, 255 Ga. 215, 217 (1) ( 336 SE2d 762 ) (1985), citing Gates, supra, 462 U. S. …
examined Cited as authority (rule) Creamer v. the State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2016 · confidence medium
IV (“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”); see also Ga. Const, art. 1, § 1, ¶ XIII (“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except upon probable cause suppor…
discussed Cited as authority (rule) Johnson v. the State (2×)
Ga. Ct. App. · 2016 · confidence medium
State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009) (citation omitted).
discussed Cited as authority (rule) Nichols v. the State
Ga. Ct. App. · 2016 · confidence medium
In Georgia, our law is clear that “[a] search warrant will.only issue upon facts sufficient to show probable cause that a crime is being committed or has been committed.” (Citation omitted.) State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009); OCGA § 17-5-21 (a).
discussed Cited as authority (rule) Mincey v. the State
Ga. Ct. App. · 2015 · confidence medium
W.’s] rape kit.” 3 See OCGA § 17-5-30 (a) (2), providing that a defendant may move to suppress items obtained with a search warrant on the ground that the warrant was illegal because there was not probable cause for its issuance. 4 Couch v. State, 326 Ga. App. 207, 208 (2) ( 756 SE2d 291 ) (2014) (citations and punctuation omitted), citing State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009). 5 Glenn v. State, 288 Ga. 462, 466 (2) (d) ( 704 SE2d 794 ) (2010) (citations and punctuation omitted). 6 Palmer, supra at 78 . 7 Id. 8 For a detailed discussion of DNA analysis and the use of DNA…
discussed Cited as authority (rule) Shears v. the State
Ga. Ct. App. · 2015 · confidence medium
Shears’s motion to suppress was due to be denied because, in considering such a motion, the trial court is required to accord substantial deference to the magistrate’s decision to issue a search warrant based on a finding of probable cause, State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009), and the evidence here is sufficient to support the magistrate’s decision.
cited Cited as authority (rule) Galloway v. State
Ga. Ct. App. · 2015 · confidence medium
OCGA § 17-5-21 (a); State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009).
cited Cited as authority (rule) Terry Nelson Galloway v. State
Ga. Ct. App. · 2015 · confidence medium
OCGA § 17-5-21 (a); State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009).
discussed Cited as authority (rule) The STATE v. KAULBACH Et Al.
Ga. Ct. App. · 2015 · confidence medium
A trial court examining whether evidence resulting from the execution of a search warrant should be suppressed is “guided by the Fourth Amendment’s strong preference for searches conducted pursuant to a warrant, and the principle that substantial deference must be accorded a magistrate’s decision to issue a search warrant based on a finding of probable cause.” State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009).
cited Cited as authority (rule) The State v. Lopez-Chavez
Ga. Ct. App. · 2015 · confidence medium
State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009); State v. Barnett, 314 Ga. App. 17, 18 ( 722 SE2d 865 ) (2012).
cited Cited as authority (rule) Michael Scott Shirley v. State
Ga. Ct. App. · 2014 · confidence medium
(Citations and punctuation omitted.) State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009).
cited Cited as authority (rule) Shirley v. State
Ga. Ct. App. · 2014 · confidence medium
(Citations and punctuation omitted.) State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009).
discussed Cited as authority (rule) Casper Couch v. State
Ga. Ct. App. · 2014 · confidence medium
In determining probable cause, the magistrate’s task is “to make a practical, common-sense 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.” State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009) (citations omitted). “[A]n affidavit supporting a search warrant may be based on hearsay information as long as there is a substantial basis for crediting …
discussed Cited as authority (rule) Couch v. State
Ga. Ct. App. · 2014 · confidence medium
State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009) (citations omitted). “[A]n affidavit supporting a search warrant may be based on hearsay information as long as there is a substantial basis for crediting the hearsay.” Deal v. State, 199 Ga. App. 184, 185 (1) ( 404 SE2d 343 ) (1991) (citation and punctuation omitted).
cited Cited as authority (rule) Hamlett v. State
Ga. Ct. App. · 2013 · confidence medium
State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009) (emphasis supplied).
cited Cited as authority (rule) Salim Hamlett v. State
Ga. Ct. App. · 2013 · confidence medium
State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009) (emphasis supplied).
cited Cited as authority (rule) Chatham v. State
Ga. Ct. App. · 2013 · confidence medium
State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009) (citation omitted); OCGA § 17-5-21 (a).
discussed Cited as authority (rule) Mickey Chatham v. State
Ga. Ct. App. · 2013 · confidence medium
“A search warrant will only issue upon facts sufficient to show probable cause that a crime is being committed or has been committed.”1 1 State v. Palmer, 285 Ga. 75, 77 ( 673 SE2d 237 ) (2009) (citation omitted); OCGA § 17-5-21 (a).
discussed Cited as authority (rule) State v. Travis Delroy Rogers
Ga. Ct. App. · 2013 · confidence medium
The warrant stated that State does not challenge this portion of the trial court’s ruling, and therefore, we do not address it. 2 (Punctuation omitted.) State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009). 2 there is now located certain instruments, articles, person(s), or things, namely marijuana a controlled substance[.] Evidence of the crime of possession and/or the sale/distribution of marijuana and its proceeds, and fruits of the crime of violation of the Georgia Controlled Substances Act[,] which is being possessed in violation of Georgia Law.
cited Cited as authority (rule) State v. Rogers
Ga. Ct. App. · 2013 · confidence medium
(Citation and punctuation omitted.) State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009).
discussed Cited as authority (rule) Earnest Rhodes v. State
Ga. Ct. App. · 2013 · confidence medium
“In reviewing the trial court’s grant or denial of a motion to suppress, we apply the well-established principles that the trial court’s findings as to disputed facts will be upheld unless clearly erroneous and the trial court’s application of the law to undisputed facts is subject to de novo review, keeping in mind that a magistrate’s decision to issue a search warrant based on a finding of probable cause is entitled to substantial deference by a reviewing court.” (Citations and punctuation omitted.) State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009). 1 The trial court held a…
cited Cited as authority (rule) Rhodes v. State
Ga. Ct. App. · 2013 · confidence medium
(Citations and punctuation omitted.) State v. Palmer, 285 Ga. 75, 78 ( 673 SE2d 237 ) (2009).
The State
v.
Palmer
S08G1419.
Supreme Court of Georgia.
Feb 23, 2009.
673 S.E.2d 237
Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Marc A. Motion, Assistant District Attorneys, for appellant., Thomas J. Ford III, for appellee.
Thompson.
Cited by 105 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: Supreme Court of Georgia (1)
Thompson, Justice.

The State appealed to the Court of Appeals from the trial court’s grant of David Palmer’s motion to suppress evidence seized from his home pursuant to a warrant. See OCGA § 5-7-1 (a) (4). A majority of[*76] the Court of Appeals affirmed. State v. Palmer, 291 Ga. App. 157 (661 SE2d 146) (2008). We granted the State’s petition for writ of certiorari to consider whether the Court of Appeals erred in failing to accord proper deference to the magistrate’s finding of probable cause. For the reasons that follow, we vacate the opinion of the Court of Appeals and remand for that court’s reconsideration of the grant of the motion to suppress.

Officer Ries applied for a warrant to search Palmer’s apartment to obtain evidence of illegal possession of cocaine. In support of his application, the officer provided the issuing magistrate with an affidavit swearing that he was advised by a “reliable” confidential informant (Cl) that a violation of the Georgia Controlled Substances Act was taking place inside the apartment and he described a possible perpetrator as an African-American male thought to be the renter who goes by the name of “Pop” and “Cowboy” and who may be in a wheelchair. The affidavit further specified that Officer Ries and his partner, Officer Gonzalez, arranged for the Cl to conduct a controlled purchase of crack cocaine from the apartment; the Cl was searched for drugs prior to his entry into the apartment and was found to be “clean”; Officer Ries provided the Cl with city-issued funds; Officer Gonzalez observed the Cl approach Palmer’s apartment, knock on the door and enter; the Cl was in the apartment for approximately 30 seconds; and upon exiting the apartment, the Cl turned over to Officer Ries a quantity of crack cocaine that he had purchased from a man in a wheelchair known as “Pop.” Officer Ries further averred that the area in question is notorious for the sale, use and possession of illegal narcotics; that he had made numerous prior drug-related arrests from this location; and that he is aware of drug-related arrests made directly in front of the building for which the warrant is sought. Finally, Officer Ries averred that after the controlled buy, further surveillance of Palmer’s residence was conducted during which officers observed several individuals enter, stay for less than one minute, and then leave the apartment complex; this led Officer Ries to believe that narcotics were being sold from that location. Based on the foregoing information, the magistrate issued a search warrant, which was executed the following day. As a result of the search, officers seized crack cocaine, marijuana, cash, electronic scales and small pink glassine bags from the apartment. Palmer was arrested and charged with trafficking in cocaine and misdemeanor possession of marijuana.

Palmer moved to suppress the evidence asserting that the affidavit represented the Cl as “reliable,” but contained no facts in support of that conclusion, and that, therefore, the warrant was invalid because the affidavit on which it was based was insufficient to establish probable cause. Following a hearing at which Officer[*77] Ries testified, the trial court denied the motion to suppress, stating merely:

The lack of evidence of the reliability of the informant does cause the court concern; however, as the evidence shows, the basis of the search was based on a controlled buy from the residence. The controlled buy does support the issuance of the warrant and causes this court to deny the motion to suppress.

Palmer moved for reconsideration. After hearing additional argument, the trial court reversed its initial ruling and granted the motion to suppress without explanation. A majority of the Court of Appeals affirmed after applying a deferential standard of review to the trial court’s findings.

We begin by reiterating the standards applicable to the various levels of judicial scrutiny involved in the warrant process. A search warrant will only issue upon facts sufficient to show probable cause that a crime is being committed or has been committed. OCGA § 17-5-21 (a).

The magistrate’s task in determining if probable cause exists to issue a search warrant is simply to make a practical, common-sense 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.

(Punctuation omitted.) DeYoung v. State, 268 Ga. 780, 786-787 (7) (493 SE2d 157) (1997), quoting State v. Stephens, 252 Ga. 181, 182 (311 SE2d 823) (1984).

The trial court may then examine the issue as a first level of review, guided by the Fourth Amendment’s strong preference for searches conducted pursuant to a warrant, and the principle that substantial deference must be accorded a magistrate’s decision to issue a search warrant based on a finding of probable cause. State v. Henderson, 271 Ga. 264 (4) (517 SE2d 61) (1999).

A deferential standard of review is appropriate to further the Fourth Amendment’s strong preference for searches conducted pursuant to a warrant. Although in a particular case it may not be easy to determine when an affidavit demonstrates the existence of probable cause, the resolu[*78] tion of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants.

(Citation and punctuation omitted.) Id. at 270.

Our appellate courts will review the search warrant to determine the existence of probable cause using the totality of the circumstances analysis set forth in Illinois v. Gates, 462 U. S. 213 (103 SC 2317, 76 LE2d 527) (1983). Curry v. State, 255 Ga. 215 (1) (336 SE2d 762) (1985). The duty of the appellate courts “is to determine if the magistrate had a ‘substantial basis’ for concluding that probable cause existed to issue the search warrant[ ].” Sullivan v. State, 284 Ga. 358, 361 (667 SE2d 32) (2008). “[T]he Fourth Amendment requires no more.” Gates, 462 U. S. at 236. In reviewing the trial court’s grant or denial of a motion to suppress, we apply the well-established principles that “the trial court’s findings as to disputed facts will be upheld unless clearly erroneous and the trial court’s application of the law to undisputed facts is subject to de novo review,” Petty v. State, 283 Ga. 268, 269 (2) (658 SE2d 599) (2008), keeping in mind that “[a] magistrate’s decision to issue a search warrant based on a finding of probable cause is entitled to substantial deference by a reviewing court.” (Citation and punctuation omitted.) Sullivan, supra at 361. See also Fair v. State, 284 Ga. 165, 171 (3) (b) (664 SE2d 227) (2008).

Although Palmer argues that the warrant was deficient because Officer Ries offered no information to the magistrate as to the reliability of the unnamed Cl and he failed to disclose that the Cl had a criminal background, these uncontroverted omissions do not necessarily warrant suppression of the evidence.

If a court determines that an affidavit submitted contains material misrepresentations or omissions, the false statements must be deleted, the omitted truthful material must be included, and the affidavit must be reexamined to determine whether probable cause exists to issue a warrant.

(Citation and punctuation omitted.) Sullivan, supra at 361.

“If any omissions on the part of the officer are offset by independent corroboration of criminal activity, then the magistrate may still have sufficient information to find that probable cause exists.” [Cit.] . . . Under the “common sense” approach to search warrants, [a] controlled buy strongly corroborate^ the reliability of the informant and show[s] a fair probability that contraband would be found in the apartment.

[*79] Brown v. State, 244 Ga. App. 440, 442 (1) (535 SE2d 785) (2000). “Even doubtful cases should be resolved in favor of upholding a magistrate’s determination that a warrant is proper.” Sullivan, supra at 361.

Of course, even under the Gates analysis, an informant’s “veracity,” “reliability,” and “basis of knowledge,” although not independently dispositive, are not irrelevant. They are instead several of a number of relevant factors, which we must review giving “great deference” to the magistrate’s determination of probable cause, keeping in mind that “affidavits are normally drafted by non-lawyers in the midst and haste of a criminal investigation.”

Curry v. State, supra at 217, quoting Illinois v. Gates, supra, 103 SC at 2329-2331.

In the present case, Palmer offered no evidence to repudiate Officer Ries’ testimony. [1] Based on the record before the trial court at that hearing, the motion to suppress was denied. On motion for reconsideration, no further evidence was presented and no findings were made by the court to support the reversal of its ruling. As noted previously, a trial court’s ruling on disputed facts and credibility at a suppression hearing must be accepted on appeal unless clearly erroneous. Petty, supra at 269 (2). But where, as here, the facts are not in dispute and no findings were made by the trial court, the appellate court owes no deference to the trial court’s ruling and the standard of review is de novo. Vansant v. State, 264 Ga. 319 (1) (443 SE2d 474) (1994). Thus, while no deference is due the trial court’s ruling in this case, substantial deference must be accorded the magistrate’s finding of probable cause. Henderson, supra at 269 (4).

As to Palmer’s claim that the information presented to the magistrate was incomplete, the reviewing court must apply the law applicable to omissions and material misrepresentations in the presentation to the magistrate. See Sullivan, supra at 361. The magistrate may still have sufficient information to find that probable cause exists for issuance of the warrant if such omissions are offset by independent corroboration of criminal activity — a controlled buy strongly corroborates the reliability of the informant. Brown, supra at 441 (1).

Accordingly, we hereby vacate the opinion of the Court of[*80] Appeals and remand the case for that court’s consideration of the grant of the motion to suppress in light of this opinion.

Decided February 23, 2009. Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Marc A. Motion, Assistant District Attorneys, for appellant. Thomas J. Ford III, for appellee.

Judgment vacated and case remanded.

All the Justices concur.
1

On cross-examination, Palmer elicited testimony that Officer Ries had failed to present any information to the issuing magistrate as to the reliability of the Cl, and that the Cl’s criminal record was not disclosed to the magistrate. The officer’s credibility, however, was not challenged.