confidential informant

Search Warrants Obtained with Confidential Informants

The Georgia Court of Appeals reversed a Cobb Superior Court ruling after finding that police failed to properly vet a confidential informant before obtaining a search warrant. The defendant, charged with trafficking methamphetamine, filed a motion to suppress evidence, arguing the warrant was based on unreliable information. The Court agreed, noting that the police did not corroborate the informant’s claims or establish credibility, making the search unconstitutional under Georgia law. This case highlights the importance of probable cause and informant verification in Georgia criminal cases.

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steering wheel close up

Knowing is not Part of Voluntary Consent

The Georgia Court of Appeals clarified how voluntary consent applies in DUI breath test cases, reversing a Gwinnett State Court decision.

The defendant had been charged with DUI – less safe, DUI unlawful alcohol concentration, and following too closely after an accident. The trial court granted his motion to suppress evidence, ruling that his limited understanding of English meant he did not provide “actual, knowing, and voluntary consent” for the breathalyzer test.

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DUi checkpoint in cobb county

The Court of Appeals Defines Implied Consent in DUI Case

The Georgia Court of Appeals recently clarified how implied consent applies in DUI cases, reinforcing the importance of voluntary and informed agreement.

In Chatham County, Jessica Reid was stopped by Georgia State Troopers for suspected DUI and consented to a blood test after being read Georgia’s implied consent notice. She later filed a Motion to Suppress, claiming she only agreed out of fear of losing her driver’s license.

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