197 Ga. App. 577 - Perkins v. State’s Empirical Analysis

Citation profile

24 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In determining whether probable cause supported issuance of a search warrant, a ‘totality of the circumstances’ test is employed. ‘The task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him . . ., there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of a reviewing court is simply to ensure that the magistrate had a ‘substantial basis . . . for concluding)’ that probable cause existed.’ [Cit]” Butler v. State, 192 Ga. App. 710 (1) ( 386 S.E.2d 371 ) (1989)_ Reviewing all the circumstances set forth in the affidavits, we conclude that there was a substantial basis for the magistrate’s determination of probable cause. The information provided by Craft, [the affiant] arising out of his official investigation, was sufficient to establish probable cause. Caffo v. State, 247 Ga. 751 (2)(b) ( 279 S.E.2d 678 (1981). In addition, the magistrate was entitled to rely on the officer’s knowledge of appellant’s past criminal conduct. Id. at 755 . The affidavit indicated the existence of an ongoing scheme to sell drugs, consequently, we cannot say that the statements in the affidavit were so stale as to make it unlikely that illegal drugs would be found on the premises at the time of the issuance of the warrant. See id. at 755 . Although not all of the recitations in the affidavits were entirely accurate and despite the lack o”

   1 later decision quote this exact passage
   e.g. 164 N.C. App. 56 - State v. Sinapi