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BATTLE v. STATE

No. A03A2108.

597 S.E.2d 417 (2004)

266 Ga.App. 532

BATTLE v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied March 25, 2004.

Attorney(s) appearing for the Case

England & England, J. Melvin England, Roswell, for appellant.

Jeffrey H. Brickman, District Attorney, Thomas E. Csider, Assistant District Attorney, for appellee.

MIKELL, Judge.

We granted Frank Battle, Sr.'s application for interlocutory review of the order denying his motion to suppress evidence seized pursuant to an insurance fraud investigation to clarify that, under Franks v. State,1 the failure to leave a copy of the supporting affidavit at the searched premises does not render the warrant void. In addition, because the affidavit in the case at bar established probable cause to search...

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