Omitting Information from Search Warrant Request to Mislead the Magistrate
Where the defendant has shown that information material to the determination of probable cause was omitted for the purpose of misleading the magistrate, the reviewing court should delete any false statements and include omitted truthful material in determining whether to invalidate the warrant Bickley v. State, 227 Ga. App. 413, 414 (1) (a) (489 S.E.2d 167) (1997).
The warrant should be invalidated if probable cause would no longer exist after the inclusions and deletions. Redding v. State, 192 Ga. App. 87, 88 (383 S.E.2d 640) (1989).
"whether, given all the circumstances set forth in the affidavit before the magistrate, including the 'veracity' and 'basis of knowledge' of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place." State v. Stephens, 252 Ga. 181, 182 (311 S.E.2d 823) (1984).
Also, a showing that an informant and his information are reliable is not limited to proof of the informant's veracity and the basis of his knowledge. See Stewart v. State, 217 Ga. App. 45, 47 (456 S.E.2d 693) (1995).
Reliability may be shown by corroboration of the informant's tip.