Galloway v. State
332 Ga. App. 389
| Ga. Ct. App. | 2015Background
- Galloway lived in an apartment with another occupant; police obtained a search warrant after a confidential informant reported seeing white powder, straws, a silver handgun, and two young children in the apartment within the prior five days, and noted a maroon Jeep Cherokee outside.
- Affiant corroborated some details: confirmed occupants' criminal supervision status with probation/parole offices and a FOPD detective observed the maroon Jeep at the address; the affiant also testified he orally told the magistrate additional information about the informant and that the informant had been reliable to him in the past.
- Police executed the warrant, seized contraband, and Galloway was tried: convicted on Count 2 (possession of hydrocodone with intent to distribute), acquitted on Count 1, and Count 3 was dismissed via directed verdict.
- Galloway moved to suppress the search evidence, arguing the warrant lacked probable cause because the informant’s reliability and basis of knowledge were not demonstrated in the affidavit.
- The trial court denied suppression; Galloway appealed, challenging the magistrate’s probable-cause finding and the sufficiency of the informant proof.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether warrant lacked probable cause because informant reliability was not shown | Galloway: affidavit failed to establish informant’s veracity or basis of knowledge; thus probable cause absent | State: affidavit + oral testimony to magistrate (informant identity withheld) and corroboration of several facts supported probable cause | Court: Affirmed — totality of circumstances provided substantial basis for magistrate’s probable-cause finding |
| Whether magistrate could consider oral statements not in affidavit | Galloway: court should only rely on affidavit’s four corners | State: magistrate may consider oral testimony presented at issuance; trial court may consider such testimony when reviewing suppression | Court: Oral testimony properly considered; trial court may look to what magistrate knew at issuance |
| Whether corroboration of minor facts (vehicle/residence) suffices to show informant reliability | Galloway: corroboration of public facts is insufficient to establish reliability | State: corroboration plus other indicia (informant’s recent entry, observation of gun, officer’s prior experience with informant, occupants’ criminal status) supports finding | Court: Corroboration of minor facts alone insufficient, but combined with other circumstances supported probable cause |
| Whether evidence from other officers or unnamed sources could be used | Galloway: other officer’s hearsay bolsters probable cause | State: only information actually provided to magistrate may be considered | Court: Information not made available to issuing judge cannot be considered; unnamed source hearsay in affidavit not relied upon |
Key Cases Cited
- Prince v. State, 295 Ga. 788 (magistrate’s probable-cause task and deference to warrant decisions)
- Palmer v. State, 285 Ga. 75 (warrant issuance requires facts supporting probable cause)
- Sullivan v. State, 284 Ga. 358 (review affords substantial deference to magistrate)
- Bryant v. State, 288 Ga. 876 (totality-of-the-circumstances: basis of knowledge and informant veracity; defects may be compensated)
- Zorn v. State, 291 Ga. App. 613 (no rigid test for informant info; consider totality)
- Pailette v. State, 232 Ga. App. 274 (oral testimony may supplement affidavit when magistrate considered it)
- Lejeune v. State, 276 Ga. 179 (officers should provide magistrate with all available information concerning informant reliability)