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Mizellv.The State

CourtSupreme Court of Georgia
Docket No.S18A1029
DecidedDecember 10, 2018
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureFourth AmendmentSearch and SeizureSearch WarrantProbable CauseMurder & MayhemTales From the CryptMotion to Suppress
Case Summary

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.

Opinion

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