Davis v. State

Carley, Judge,

concurring specially.

I concur fully in Division 2 of the majority opinion and in the judgment of affirmance. With regard to Division 1 dealing with the denial of the motion to suppress evidence, I agree with the majority that even if the affidavit was not sufficient, the reasonable good faith reliance on the search warrant would allow the admission of evidence seized. United States v. Leon, 468 U. S. 897, 905 (104 SC 3405, 82 *313LE2d 677) (1984). However, it is my opinion that the affidavit itself passes muster under Illinois v. Gates, 462 U. S. 213, 234 (103 SC 2317, 76 LE2d 527) (1983). “Examination of the known contents of the affidavit in support of the warrant, using a totality of the circumstances test, reveals that the judge had a substantial basis for concluding that probable cause existed.” Williams v. State, 193 Ga. App. 677, 681 (388 SE2d 893) (1989).

Decided January 10, 1991. John J. Lieb, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, David Wright, Richard E. Hicks, Assistant District Attorneys, for appellee.