Patterson v. State

Full title: PATTERSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 22, 1971

184 S.E.2d 228 (Ga. Ct. App. 1971)

124 Ga. App. 465

Opinion

46524.

SUBMITTED SEPTEMBER 17, 1971.

DECIDED SEPTEMBER 22, 1971.

Motion to suppress. Richmond Superior Court. Before Judge Kennedy.

Harris, Chance McCracken, Henry T. Chance, Kenneth R. Chance, for appellant.

HALL, Presiding Judge.

Defendant appeals from the denial of his motion to suppress evidence which he contends was illegally seized because the search was made under a completely insufficient warrant.

We shall set out in its entirety the statement of facts made by the affiant to show probable cause. "Reliable informer and G. B. I. agent. Airplane being property of George Patterson and same being previously arrested."

By no stretch of the imagination does this approach the requirements for a sufficient warrant. See: Code Ann. § 27-303; Sams v. State, 121 Ga. App. 46 ( 172 S.E.2d 473) cert. denied 400 U.S. 865; Spinelli v. United States, 393 U.S. 410 ( 89 SC 584, 21 L.Ed.2d 637); and Aguilar v. Texas, 378 U.S. 108 ( 84 SC 1509, 12 L.Ed.2d 723).

Judgment reversed. Eberhardt and Whitman, JJ., concur.

SUBMITTED SEPTEMBER 17, 1971 — DECIDED SEPTEMBER 22, 1971.