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JOHNSON v. STATE

45104.

121 Ga. App. 477 (1970)

174 S.E.2d 246

JOHNSON v. THE STATE.

Court of Appeals of Georgia.

Decided March 5, 1970.

Rehearing Denied March 24, 1970.

Attorney(s) appearing for the Case

Scott & Alexander, Guy B. Scott, Jr., for appellant.

Clete D. Johnson, District Attorney, for appellee.

DEEN, Judge.

1. As pointed out in Brinegar v. United States, 338 U.S. 160, 176 (69 S.C. 1302, 93 LE 1879) the showing of probable cause necessary in the affidavit upon which a search warrant may be based must tread the path between placing the law-abiding citizen at the whim or caprice of police officers on the one hand and unnecessarily hampering law enforcement activities on the other. In the landmark case, Aguilar v. Texas,

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