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The Statev.Leonard Adrian Edwards et al.

CourtCourt of Appeals of Georgia
Docket No.A15A0762
DecidedMay 7, 2015
Reporter332 Ga. App. 342; 772 S.E.2d 430
JudgesCourt of Appeals of Georgia, Second Division; Presiding Judge Andrews and Judges Miller and Branch; Presiding Judge Andrews authored the opinion
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureSearch WarrantProbable CauseMotion to Suppress
Case Summary

Leonard Edwards and Ashley McMillain moved to suppress evidence obtained during an initial warrantless entry into their residence and a later search under a warrant. The trial court suppressed evidence from both events, and the State appealed only the ruling on evidence seized under the warrant. The Court of Appeals affirmed suppression of evidence from the initial entry, which the State did not challenge, but reversed suppression of the warrant-search evidence. Applying State v. Kazmierczak, the court held that a qualified officer’s detection of raw-marijuana odor coming from a specified residence may alone establish probable cause for a search warrant. The affidavit described the officer’s training and identified the odor as coming from the residence, so it gave the magistrate a sufficient basis to issue the warrant. The opinion noted that the trial court had not directly addressed whether evidence from the warrant search was tainted by the initial entry, but had expressly found that the odor evidence supporting probable cause was obtained lawfully. The judgment was affirmed in part and reversed in part; the opinion did not order a remand.

Opinion

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The Far Side
The State v. Leonard Adrian Edwards et al. — The Atlanta Gleaner