Informant Unreliable As Officer Failed to Inform Magistrate Regarding His Criminal Background and Activites
In Robertson v. State, 236 Ga. App. 68 (510 S.E.2d 914) (1999), the officer neglected to inform the magistrate that his informant had been arrested by him for DUI and had told the officer that he could provide information regarding the sale of narcotics in exchange for "help" on his DUI charge.
The officer further knew, but did not reveal, that the informant was a convicted felon who was on probation or parole.
The officer told the informant he could not promise anything but would make the court aware of his assistance.
Thereafter, the informant called the officer and said he had been to Robertson's home and seen marijuana. the informant was very angry with Robertson because he had made an advance on the informant's "old lady."
There, we concluded that the officer's failure to provide the magistrate with the informant's criminal background, pending criminal charges, possible revocation of his probation or parole, and his anger at Robertson deprived the magistrate of the opportunity to determine the reliability of the informant.