Amica v. State
307 Ga. App. 276
| Ga. Ct. App. | 2010Background
- May 2006: Lolo's burglary and Patel armed robbery investigated by Warner Robins police.
- January 2007: Adams, an inmate, informs Detective Mules that Amica committed the crimes and surveilled the Lolo's owner.
- January 18, 2007: Detective Mules obtains a search warrant for Amica's residence; police recover marijuana, scales, ammo, boots, sweatshirt, and other items.
- Amica moves to suppress the search as stale; trial court denies; conviction follows and leads to a motion for new trial.
- February 23, 2007: At a traffic stop accompanying a similar-transaction inquiry, police find five small baggies of marijuana on Amica; issue is whether this evidence is admissible to show motive/intent/plan.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the warrant given time elapsed | Amica contends stale information invalidates probable cause | State contends totality-of-circumstances supports probable cause | Probable cause sustained; not stale under totality of facts |
| Effect of omissions in affidavit (racial description, informant deal) on probable cause | Amica argues omissions undermine probable cause | State argues omissions do not invalidate warrant absent deliberate falsehoods | Omissions did not invalidate probable cause; warrant still valid |
| Warrant particularity and leaving a copy at the premises | Amica asserts lack of copy and facial lack of particularity invalidates warrant | State argues left copy at residence and description sufficient; Battle not controlling | Waiver applies but in any event warrant sufficiently particular; Battle not applicable |
| Admissibility of the similar transaction evidence | Amica challenges admission as improper similar-transaction evidence | State argues evidence shows intent/identity/plan and is sufficiently similar | Admissible; proper purpose shown and sufficiently similar |
Key Cases Cited
- State v. Palmer, 285 Ga. 75 (2009) (probable-cause review and deference to magistrate's decision in warrants)
- In the Interest of A.Z., 301 Ga.App. 524 (2009) (appellate review of suppression and evidentiary rulings in juvenile context)
- Carruthers v. State, 272 Ga. 306 (2000) (standard for admissibility and deference to rulings on search warrants)
- Gumina v. State, 166 Ga.App. 592 (1983) (policies on search warrant descriptions and location specificity)
- Battle v. State, 275 Ga.App. 301 (2005) (left-at-premises requirement for affidavits and attached documents)
- Wrigley v. State, 248 Ga.App. 387 (2001) (Fourth Amendment traffic-stop exception to ulterior-motive concerns)
- Wise v. State, 257 Ga.App. 211 (2002) (informant credibility and disclosures affecting warrant validity)
- Locher v. State, 293 Ga.App. 67 (2008) (limits of appellate review on suppression arguments)