Hockman v. State , 226 Ga. App. 521 ( 1997 )

Beasley, Judge,

concurring specially.

I concur in the ruling that the detailed information in the affidavit concerning the recent controlled drug purchase constituted sufficient probable cause for the issuance of the search warrant. I do not conclude that all of the other information constituted nothing more than conclusory allegations as to the informant’s reliability.

We need not address whether the statements are supportive fact or inconsequential conclusions, either in toto or item by item, however, because of the sufficient base provided by the purchase controlled by the affiant. Of course, underlying facts must be set out, so that the magistrate can make an independent determination of reliability and the appellate court, if called upon, can provide an informed review of whether the warrant issuance met constitutional requirements. Caswell v. State, 219 Ga. App. 787, 788 (466 SE2d 907) (1996). See Keller v. State, 169 Ga. App. 596 (314 SE2d 255) (1984) (reviewing court determines if magistrate had substantial basis to find probable cause); State v. Jackson, 166 Ga. App. 671 (305 SE2d 417) (1983) (affiant must give underlying facts).

Decided May 22, 1997. Before Judge Adamson. Jeffrey R. Sliz, for appellant. Timothy G. Madison, District Attorney, Robin R. Riggs, Assistant District Attorney, for appellee.