STEPHENS v. STATE

66023.

167 Ga. App. 417 (1983)

307 S.E.2d 9

STEPHENS et al. v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied July 12, 1983.


Attorney(s) appearing for the Case

Daniel F. Byrne, Ansell T. Maund III, for appellants.

Arthur E. Mallory III, District Attorney, for appellee.


POPE, Judge.

This is an interlocutory appeal of the trial court's denial of defendants' motion to suppress. The sole issue is whether the affidavit upon which the issuance of the search warrant was based can pass constitutional muster.

"The state has the burden of showing that probable cause existed and that the facts establishing probable cause were presented to the magistrate prior to the issuance of the warrant." Reddish v. State,

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