Mizellv.The State
Willie Mizell was retried and convicted of murder and concealing a death after Cassandra Bryant was found severely beaten and partially concealed near a dumpster at an Atlanta apartment complex. Mizell moved to suppress evidence obtained from a search of his apartment. The Supreme Court of Georgia affirmed the denial of that motion. Investigators knew that Mizell lived only a few feet from the body, that clothing and other items connected to the victim had been discarded in a nearby dumpster, that Mizell had handled some possible evidence, and that he smoked the same brand of cigarettes found with bloodstained items. Those facts supplied a substantial basis for the magistrate’s finding of probable cause that evidence of the crime could be located in Mizell’s apartment. The Court rejected a hypertechnical approach to the warrant and held that the totality of the practical circumstances supported the search. The murder conviction and sentence for concealing the death therefore remained in place.
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