dissenting.
The affidavit lacked probable cause and the good faith exception was not invoked by the State.
1. The assertion of invalidity of the search warrant focuses on lack of showing reliability and the basis of informant’s knowledge. Defendant contends that even applying the “totality of circumstances” test of Illinois v. Gates, 462 U. S. 213 (103 SC 2317, 76 LE2d 527) (1983), there was insufficient information to justify issuing the search warrant. Defendant also urges that there was no showing that the information supplied by the informant was not stale. Fowler v. State, 121 Ga. App. 22 (172 SE2d 447) (1970).
The affidavit on which the search warrant issued, quoted in the majority opinion, was sworn to before the magistrate at 8:45 p.m. on September 10.
Gates, supra, which was acknowledged as governing by our Supreme Court in State v. Stephens, 252 Ga. 181, 182 (311 SE2d 823) (1984), supplanted the interim two-prong test with “totality of the circumstances.” The issuing magistrate’s task is to make a practical, common-sense decision from everything adduced at the hearing, including the “veracity” and “basis of knowledge” of persons supplying hearsay information, that there is a fair probability that contraband or evidence of a crime will be found at the described location.
The reviewing court’s duty is to ensure that the issuing magistrate had a substantial basis for concluding that probable cause existed. As pointed out in Stephens, “ ‘we deal with probabilities [which] are not technical [but are] the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians act.’ ” This same test applies to a determination whether information contained in an affidavit is stale. State v. Luck, 252 Ga. 347 (312 SE2d 791) (1984).
The affidavit contains the following facts: 1) the police had received a tip from an informant, whose identity the police did not wish to disclose but who was regarded by them as reliable, that “a large amount of marijuana [was] being stored and sold” at the location; 2) first names of two persons, impliedly at the location, who would sell marijuana; 3) corroboration of the informant’s statement as to the name of one of them; 4) the informant could identify marijuana; 5) there had been a four-month investigation of (presumably) the male as a suspect. There is no explanation of the basis or reasons for either *516the officer’s opinion as to informant’s familiarity with marijuana or for the on-going investigation. Likewise missing is any substantiation of the officer’s conclusion that “there is enough probable cause for issuance of a search warrant.” Of prime importance is the gap as to how the information about the storage or sale of marijuana was obtained.
Even utilizing a common-sense approach to the validity of the warrant and under the “totality of circumstances,” the warrant was invalid because of the insufficiency of the sworn facts had by the magistrate. There was no disclosure of how the informant obtained the information related and there was nothing to affirm the informant’s reliability. As observed in Felker v. State, 172 Ga. App. 492, 494 (4) (323 SE2d 817) (1984), “many of the cases decided under the Aguilar-Spinelli rule . . . remain helpful in assessing whether an informant’s tip is sufficient to establish probable cause for a search.” At best there were wholly conclusory statements which are inadequate to provide a sufficient basis for the magistrate to independently ascertain the existence of probable cause. Poole v. State, 175 Ga. App. 374 (1) (333 SE2d 207) (1985); Collins v. State, 188 Ga. App. 172, 173 (372 SE2d 503) (1988).
“ ‘Probable cause means less than a certainty but more than mere suspicion or possibility. . . . Mere speculation, rumor, or opinion is not enough; there must be reasonable grounds after inquiry. . . . The officer must place before the magistrate sufficient facts to enable the latter to make his own determination and not merely adopt the conclusions of the police officer.’ ” Kelleher v. State, 185 Ga. App. 774, 777 (1) (365 SE2d 889) (1988), quoting from Yocham v. State, 165 Ga. App. 650, 652 (302 SE2d 390) (1983). See Lewis v. State, 255 Ga. 101, 104 (2) (335 SE2d 560) (1985). To approve the affidavit requires cred-1 ulous acceptance of unverified and nonspecific information.
2. There being no necessity to reach the issue of staleness, the second question is whether the rule fashioned in United States v. Leon, 468 U. S. 897 (104 SC 3405, 82 LE2d 677) (1984), applies.
The Leon principle of a good faith exception to the exclusionary rule is not argued in this case. The State chose instead to rely on the validity of the warrant. Leon, in fashioning the exception, states: “the prosecution should ordinarily be able to establish objective good faith . . . .” (Emphasis supplied.) Supra at 924. Leon does not require the court to initiate an inquiry into whether good faith existed and should be applied so as to save the search despite the lack of probable cause underlying the warrant’s issuance.
Once it appears that the warrant is defective because what was presented to the magistrate was deficient, it is incumbent on the State to show that the good faith exception applies. It was not even raised, below or here. Otherwise the magistrate need not be concerned *517about probable cause because as long as it exists and can be established later, evidence seized pursuant to it would be admissible. This would completely avoid the magistrate’s “responsibility,” which is described on the quotation from Leon in Adams v. State, 191 Ga. App. 916 (383 SE2d 378) (1989).
Decided July 14, 1989 Rehearing denied July 28, 1989 Glenn Zell, for appellants. Lewis R. Slaton, District Attorney, Thomas Jones, Nancy A. Grace, Joseph J. Drolet, Assistant District Attorneys, for appellee.The Supreme Court said in Leon: “[Reviewing courts will not defer to a warrant based on an affidavit that does not ‘provide the magistrate with a substantial basis for determining the existence of probable cause.’ ” Supra at 915.
In Adams, the Leon principle of a good faith exception is made an issue. The majority opinion in Adams does not address all of the categories in which the good faith exception does not apply. Two of them are relevant here: 1) affidavit so lacking in indicia of probable cause so as to render the officer’s belief unreasonable (Leon at 923); 2) affidavit which makes issuance of search warrant look like a rubber stamp of the officer’s application (Leon at 923).
The affidavit in Adams was so inadequate that it could be concluded the experienced officer knew better, i.e., he could not have reasonably relied on the warrant based on it. He must be “objectively reasonable” in his reliance on it for the good faith exception to apply. Leon, supra at 922. The trial court would have been supported had it suppressed the evidence on this basis. But I could not conclude in Adams that as a matter of law the trial court was in error in not fitting the affidavit into this category.
On the other hand, the evidence here would not sustain a finding of good faith. Cf. Evans v. State, 192 Ga. App. 216 (384 SE2d 404) (1989).
I am authorized to state that Judge Benham joins in this dissent.