Sosebee v. State

In Sosebee v. State, 303 Ga. App. 499, 501 (1) (693 SE2d 838) (2010), the Court noted that in order to take a witness's testimony outside the scope of hearsay, when such testimony is introduced to prove the truth of the fact stated, the witness must have personal knowledge of the facts to which such witness is testifying. The hearsay rule that a witness must testify from his own first-hand knowledge to establish a fact clearly applies to law enforcement officers. Id. In Sosebee, the Court concluded that the State had failed to prove that the search of a hotel room was conducted pursuant to a valid search warrant when the State failed to produce the warrant or supporting affidavit during the motion hearing, instead relying upon the hearsay testimony of the sheriff who had conducted the search. Id. at 501-502 (1). The sheriff admitted that he had not procured, or even seen, the warrant prior to the search but, instead, had only heard from someone else that a search warrant had been issued. Id. Consequently, the Court reversed the trial court's denial of the defendant's motion to suppress. Id. at 502 (1). The Court noted that, although an officer may rely upon hearsay information communicated to him by fellow officers in order to establish probable cause for issuance of a search warrant, "the issue here is not whether there was probable cause for the warrant, but the very existence of the warrant." Id. at 501 (1), n. 3.