Georgia v. Britton
Annotate this CaseManvel Britton was charged with murder and other offenses in connection with the fatal shooting of Eddy Leonardo. The State appealed the trial court’s grant of Britton’s motion to suppress evidence from his cell phone records obtained pursuant to a search warrant (the “Warrant”) during the police investigation into that death. The trial court found that the affidavit for the Warrant (the “Affidavit”) contained a material misrepresentation which tainted the entire document, and, with that misrepresentation excluded, the Affidavit failed to establish the requisite probable cause to issue the Warrant. The trial court further found a “discrepancy” in the Affidavit that it determined affected the validity of the Warrant. The State argued on appeal that in reaching these conclusions, the trial court did not properly apply the law and failed to give proper deference to the magistrate judge who issued the Warrant. To this the Georgia Supreme Court agreed, reversed and remanded for further proceedings.
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