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The Statev.Irving Arroyo Perez

CourtCourt of Appeals of Georgia
Docket No.A18A1866
DecidedMarch 14, 2019
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentSearch WarrantSearch and SeizureEvidenceReversal
Case Summary

The State charged Irving Arroyo Perez in a drug-trafficking case after officers searched a residence under two warrants. The trial court suppressed all seized evidence, finding that the warrant affidavits did not establish probable cause. The Court of Appeals reversed. Applying the totality-of-the-circumstances test, the court held that the affidavits supplied a practical basis for finding a fair probability that contraband or evidence would be found at the residence. Information from an informant was supported by investigative details, including surveillance and facts connecting the apartment to the suspected drug activity and the Lawrenceville address. The court emphasized that probable cause is a common-sense judgment, not a hypertechnical exercise, and that the State’s burden could be met through the warrants and supporting affidavits. Because the warrants were supported by probable cause, the trial court erred in suppressing the evidence. The decision restored the State’s ability to use the seized evidence in the prosecution.

Opinion

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The State V. Irving Arroyo Perez — The Atlanta Gleaner