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Jack Wigginsv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A1545
DecidedMarch 23, 2015
Reporter331 Ga. App. 447; 771 S.E.2d 135
JudgesCourt of Appeals of Georgia, Fourth Division; Presiding Judge Doyle and Judges Miller and Dillard; Judge Dillard authored the opinion
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureSearch WarrantProbable CauseMotion to Suppress
Case Summary

Jack Wiggins sought interlocutory review after the trial court denied his motion to suppress evidence found during a search of his home. Police had received an anonymous report that Wiggins was selling large quantities of marijuana and maintaining a mushroom grow. An officer spoke with the informant but learned nothing about the source’s identity, reliability, or the timing of the alleged activity. During only about ten minutes of surveillance, officers saw Wiggins leave, stopped his truck for a traffic violation, and found less than an ounce of marijuana and a revolver. A passenger said she had smoked marijuana at Wiggins’s home on multiple occasions. The Court of Appeals of Georgia held that these facts did not establish probable cause for the warrant. The anonymous tip was uncorroborated, the visible cameras added no meaningful information, the small amount of marijuana supported personal use rather than high-volume distribution, and the firearm was not shown to be connected to drug trafficking. The passenger’s statement likewise did not establish current trafficking or a recent transaction. Because the affidavit gave no time frame for the alleged activity and supplied no substantial basis to believe evidence would be found when the warrant issued, the court reversed the denial of suppression. Presiding Judge Doyle concurred, and Judge Miller concurred in the judgment only.

Opinion

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