State v. Palmer

In State v. Palmer, 291 Ga. App. 157 (661 SE2d 146) (2008) the Court affirmed the trial court's order granting David Palmer's motion to suppress evidence seized during the execution of a search warrant at his residence. The Supreme Court of Georgia vacated our opinion and remanded the case for reconsideration of the grant of the motion to suppress "to determine if the magistrate had a 'substantial basis' for concluding that probable cause existed to issue the search warrant," under the well-established principles that the trial court's findings as to disputed facts will be upheld unless clearly erroneous and the trial court's application of the law to undisputed facts is subject to de novo review, keeping in mind that a magistrate's decision to issue a search warrant based on a finding of probable cause is entitled to substantial deference by a reviewing court. State v. Palmer, 285 Ga. 75, 78 (673 SE2d 237) (2009)