147 Ga. App. 284 - Galgano v. State

How this case has been cited

Cited by 19 later decisions — most recently June 2011

19 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Deen, Presiding Judge,

¶1dissenting.

¶2The statement that the informant had provided reliable information to police in the past was in my opinion sufficient to support a finding that he was credible. This is true despite the fact that such information may not have led to arrests or convictions in the past. Tomblin v. State, 128 Ga. App. 823 (1) (198 SE2d 366) (1973); Currington v. State, 129 Ga. App. 161, 162 (199 SE2d 268) (1973). Accord, Jones v. United States, 362 U. S. 257, 268 (80 SC 725, 4 LE2d 697) (1960); Clyatt v. State, 126 Ga. App. 779 (1) (192 SE2d 417) (1972). Accordingly, the magistrate had a "substantial basis” for crediting the hearsay information in the affidavit to the effect that the defendant had been observed keeping contraband at his residence. See generally Jones v. United States, 362 U. S. 257, supra, at 269; United States v. Harris, 403 U. S. 573, 583-584 (91 SC 2075, 29 LE2d 723) (1971); Smith v. State, 136 Ga. App. 17, 18 (220 SE2d 11) (1975).

¶3I am authorized to state that Judge McMurray joins in this dissent.