STATE v. PALMER

No. A07A2332.

661 S.E.2d 146 (2008)

The STATE v. PALMER.

Court of Appeals of Georgia.

Reconsideration Denied April 14, 2008.


Attorney(s) appearing for the Case

Paul L. Howard Jr., District Attorney, Marc A. Mallon, Assistant District Attorney, for appellant.

Thomas J. Ford III, for appellee.


RUFFIN, Judge.

The State appeals the trial court's grant of David Palmer's motion to suppress drugs and other evidence seized during the execution of a search warrant at Palmer's residence. For reasons that follow, we affirm.

The State contends that we should apply a de novo standard of review. But "where, as here, the credibility of the officer is outcome-determinative," we are required to apply the following principles:

[f]irst, the judge sits as...

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