GA: Lost original affidavit for SW may be proved by testimony

A lost original affidavit for a search warrant can still be proved by testimony that the warrant was otherwise validly issued. Thus, defense counsel wasn’t ineffective for not challenging it on appeal where the record was made on the lost affidavit. Prince v. State, 2014 Ga. LEXIS 754 (October 6, 2014).

“A parole officer’s search is unlawful, however, when the parole officer is “merely a conduit’ for doing what the police could not do otherwise” … Stated differently, “a parolee’s status ought not to be exploited to allow a search which is designed solely to collect contraband or evidence in aid of the prosecution of an independent criminal investigation” … [¶] Here, defendant’s contention that the parole officer was acting as an agent of the DEA is undermined by the uncontroverted testimony of the parole officer that she was informed by a DEA agent prior to the search that the federal prosecutor ‘will most likely not want to get involved’ in the case if an arrest were made, and by the fact that no federal charges were ever lodged against defendant. Rather, the parole officer testified that she conducted the search because she received credible information from law enforcement sources that defendant possessed a large quantity of cocaine in his apartment, which violated his parole conditions, and the court found her testimony in that regard to be credible.” People v Escalera, 2014 NY Slip Op 06700, 2014 N.Y. App. Div. LEXIS 6668 (4th Dept. October 3, 2014).*