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The Statev.Edwin Santiago

CourtCourt of Appeals of Georgia
Docket No.A24A0232
DecidedJune 3, 2024
Reporter326 Ga. App. 473
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceMotion to SuppressSearch WarrantProbable CauseReversal
Case Summary

The State charged Edwin Santiago with aggravated child molestation and child molestation and appealed orders suppressing evidence seized from his residence. The Court of Appeals of Georgia held that the search warrant was supported by probable cause, the information supporting it was not stale, and the items actually seized were among those for which probable cause existed. The trial court had treated the warrant as invalid because it also described additional items lacking probable cause. The appellate court held that the actual lawful scope of the seizure was controlling on this record and that an overbroad warrant does not invalidate a search when the seizure conducted was limited to supported items and the defendant showed no unlawful search. The court reversed the suppression orders in both consolidated cases.

Opinion

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