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Keywords

appealtrialaffidavitmotionwrit of certiorari
appealtrial

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Gary v. State, 262 Ga. 573, 422 S.E.2d 426, 61 USLW 2337

Facts

Ronald and Alma Gary were indicted for possession of marijuana with intent to distribute after their home was searched under a warrant. The trial court granted their motion to suppress the evidence obtained during the search, leading the State to appeal. The Court of Appeals reversed the trial court's decision based on the good-faith exception to the exclusionary rule, prompting the Garys to seek a writ of certiorari from the Supreme Court of Georgia.

Ronald and Alma Gary were indicted for possession of marijuana with intent to distribute after their home was searched under a warrant.

Issue

Whether the good-faith exception to the exclusionary rule is applicable under Georgia law and whether the search warrant was supported by probable cause.

Whether the good-faith exception to the exclusionary rule is applicable under Georgia law and whether the search warrant was supported by probable cause.

Rule

The good-faith exception to the exclusionary rule, as established in United States v. Leon, is not applicable in Georgia due to the state's legislatively-mandated exclusionary rule, which requires probable cause for the issuance of a search warrant.

The good-faith exception to the exclusionary rule, as established in United States v. Leon, is not applicable in Georgia due to the state's legislatively-mandated exclusionary rule, which requires probable cause for the issuance of a search warrant.

Analysis

The Supreme Court of Georgia determined that the good-faith exception could not be applied because Georgia law imposes stricter requirements on law enforcement than federal law. The court analyzed the affidavit supporting the search warrant and concluded that it lacked sufficient information to establish probable cause, as it relied on an unproven informant's statement without corroborating evidence.

The Supreme Court of Georgia determined that the good-faith exception could not be applied because Georgia law imposes stricter requirements on law enforcement than federal law.

Conclusion

The Supreme Court reversed the Court of Appeals' decision, affirming the trial court's ruling to suppress the evidence due to the lack of probable cause for the search warrant.

The Supreme Court reversed the Court of Appeals' decision, affirming the trial court's ruling to suppress the evidence due to the lack of probable cause for the search warrant.

Who won?

The Garys prevailed in the case because the Supreme Court found that the search warrant was not supported by probable cause, thus upholding the trial court's decision to suppress the evidence.

The Garys prevailed in the case because the Supreme Court found that the search warrant was not supported by probable cause, thus upholding the trial court's decision to suppress the evidence.

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