"The element of ‘abducting or stealing away’ ... [is] known as asportation." Whatley v. State , 335 Ga. App. 749, 753 (2), 782 S.E.2d 831 (2016), quoting OCGA § 16-5-40 (a).(1) ... any such slight movement of another person which occurs while in the commission of any other offense shall not constitute the offense of kidnapping if such movement is merely incidental to such other offense.
"The (magistrate) may consider oral testimony as well as the affidavit in issuing a search warrant." Whatley v. State, 335 Ga. App. 749, 752 (1), 782 S.E.2d 831 (2016) (citation and punctuation omitted). Indeed, "[t]he well-established rule permits consideration of evidence concerning oral testimony provided to the magistrate."
"The element of ‘abducting or stealing away’ ... [is] known as asportation." Whatley v. State , 335 Ga. App. 749, 753 (2), 782 S.E.2d 831 (2016). Rich v. State , 307 Ga. 757, 760 (1) (b), 838 S.E.2d 255 (2020) (punctuation omitted; emphasis supplied).
"The element of ‘abducting or stealing away’ ... [is] known as asportation[.]" Whatley v. State , 335 Ga. App. 749, 753 (2), 782 S.E.2d 831 (2016) (citation omitted). "A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will."
This contention lacks merit. See Whatley v. State , 335 Ga. App. 749, 753 (2), 782 S.E.2d 831 (2016) ("The element of ‘abducting or stealing away’ — known as asportation — may be proven by evidence of ‘slight movement’ of the victim.") (punctuation and footnote omitted). To determine whether the asportation requirement has been met, the following four factors are to be considered:
Nevertheless, in a case such as this, where the Affidavits fail to provide the magistrate with an independent basis for determining that a confidential informant is credible or reliable, "his tip nevertheless may be considered trustworthy if portions of it are sufficiently corroborated by the police." Whatley v. State , 335 Ga. App. 749, 752, 782 S.E.2d 831 (2016). Here, the Affidavits cite the informant's description of the "suspects' vehicle" as a "silver Toyota with a drive out tag."