329 Ga. App. 402
Ga. Ct. App.2014Background
- Police received an anonymous tip that a man nicknamed “Shap” (later identified as Shepherd Walter Williams) was cooking and dealing cocaine and marijuana from 4349 Bevel Creek Drive.
- Over about a month officers surveilled the address; initially no vehicle was seen, but on June 24 they observed a green Pontiac Grand Am (registered to Octavia Bryant) parked there and followed it.
- During a traffic stop of the Grand Am, Williams was in the back seat; officers smelled marijuana on him, found marijuana residue in the car, and Williams admitted recently smoking marijuana and that he was on felony probation.
- Two anonymous tips later reported the Grand Am returned to the Bevel Creek address and that Williams lived there; officers saw the car at the residence the next morning and confirmed Bryant had prior calls from that address.
- A magistrate issued a warrant to deploy a certified narcotics K-9 at the front exterior door of the residence; the dog alerted. Based on the alert plus the affidavit, a second warrant to search the residence was issued.
- Williams moved to suppress; he appealed the denial of that motion, arguing the affidavits were insufficient because the anonymous tips lacked demonstrated veracity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of affidavit for K-9 deployment warrant | Anonymous tips were unreliable and affidavit failed to establish veracity of tipsters | Affidavit contained corroborating facts (surveillance, traffic stop, marijuana odor/residue, Williams’ admissions, prior convictions, vehicle seen at residence) | Magistrate had substantial basis; warrant valid |
| Sufficiency of affidavit for search-warrant based in part on K-9 alert | K-9 alert cannot cure infirm affidavit based on anonymous tips | K-9 alert plus prior corroborating facts established probable cause; dog was certified | Magistrate had substantial basis; search-warrant valid |
Key Cases Cited
- State v. Palmer, 285 Ga. 75 (Ga. 2009) (standard of review for magistrate probable-cause determinations and totality-of-circumstances analysis)
- Florida v. Jardines, 569 U.S. 1 (U.S. 2013) (drug-sniff by a dog on a home’s porch is a Fourth Amendment search)
- Caffo v. State, 247 Ga. 751 (Ga. 1981) (magistrate may rely on police knowledge of suspect’s reputation)
- Powers v. State, 261 Ga. App. 296 (Ga. Ct. App. 2003) (anonymous-tip deficiencies can be cured by corroborating circumstances)
- Braun v. State, 324 Ga. App. 242 (Ga. Ct. App. 2013) (reliability problems with a tip may be overcome by other corroborating evidence)
- Rivera v. State, 247 Ga. App. 713 (Ga. Ct. App. 2001) (certification/training of a drug dog is prima facie evidence of its reliability for probable-cause purposes)