Baez v. State

In Baez v. State, 206 Ga. App. 522 (425 SE2d 885) (1992), officers entered Baez's home to arrest him pursuant to an outstanding bench warrant, and, while in the home, they observed contraband that later served as a basis for a search warrant. Id. During the motion to suppress hearing, Baez repeatedly challenged the State to produce the bench warrant to prove that the initial entry into his home was lawful. Id. at 522-526. Although the State failed to produce the warrant, and the evidence failed to show that the arresting officers had any personal knowledge about the existence of the warrant, the trial court denied Baez's motion. Id. The Court reversed, ruling that, by failing to produce the arrest warrant after Baez repeatedly challenged its existence, the State had failed to sustain its burden of proving the lawfulness of the officers' intrusion into Baez's home and his arrest, which had resulted in the discovery of the contraband. Id. at 526-528 (1). Further, upon a motion for reconsideration, this Court expressly rejected the State's suggestion that it "need never prove an arrest warrant existed" under these circumstances, because that would essentially mean that the officers could lawfully enter Baez's home and arrest him without an arrest warrant. Id. at 529.