Reid v. State
321 Ga. App. 653
| Ga. Ct. App. | 2013Background
- Reid was convicted of one count cocaine trafficking and one count possession of marijuana with intent to distribute in Morgan County.
- A confidential informant (CI) tipped officers that Reid sold drugs and was willing to sell again.
- Officers, with CI assistance, conducted three controlled cocaine buys from Reid, including two at the Bostwick Road house.
- After the third controlled buy, officers obtained and executed a search warrant for the Bostwick Road residence.
- During the search, officers found 11.94 g powder cocaine, 29.62 g crack cocaine, and 21.5 g marijuana, with some packaging indicative of sale.
- Reid challenged the suppression ruling and requested the CI’s identity; the trial court denied; Reid appeals; standard of review applied is deferential to trial court on credibility and factual disputes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the search warrant based on CI information | Reid argues the warrant lacked probable cause. | State contends controlled buys corroborate CI reliability. | Denied; probable cause established. |
| Disclosure of confidential informant identity | Reid seeks CI identity. | CI privilege applies; not an eyewitness to the offense. | Denied; CI identity protected. |
Key Cases Cited
- Lindsey v. State, 287 Ga. App. 412 (2007) (review of suppression ruling; evidence construed favorably to trial court; credibility determined at trial level)
- Land v. State, 259 Ga. App. 860 (2003) (probable cause analysis for informant information; reliability and basis of knowledge considered)
- Williams v. State, 303 Ga. App. 222 (2010) (presumption of validity for search-warrant affidavits; substantial deference to magistrate's probable cause finding)
- State v. Palmer, 285 Ga. 75 (2009) (corroboration by controlled buys supports probable cause)
- Ibekilo v. State, 277 Ga. App. 384 (2006) (informant reliability; controlled buys bolster prob. cause)
- Nunnally v. State, 261 Ga. App. 198 (2003) (informant privilege; informant as tipster when not eyewitness)
- Rush v. State, 188 Ga. App. 520 (1988) (informant identity privileged when not witness to offense)