Cochran v. State, 281 Ga. 4

Summary

The Supreme Court of Georgia affirmed the determination that a search warrant for cocaine at Cochran's residence was supported by probable cause. The court held that hearsay upon hearsay was not fatal because the affidavit included corroborating observations and other circumstances providing a substantial basis for the magistrate's decision.

Holdings

1. Hearsay upon hearsay is not fatal to a search warrant when the affidavit supplies underlying circumstances supporting the affiant's conclusions and demonstrating the reliability of the information.
2. The search warrant was properly supported by probable cause because the affidavit, viewed in its totality, established a fair probability that contraband or evidence of a crime would be found at Cochran's residence.
3. An informant's statement against penal interest may enhance the reliability of the information provided to police.

Questions Presented

1. Whether the search warrant was supported by probable cause when the affidavit included hearsay and hearsay upon hearsay from an unidentified third party.
2. Whether the affidavit provided a substantial basis for the magistrate to conclude that contraband or evidence of a crime would be found at Cochran's residence.

Disposition

affirmed