Deleting the detective’s false statement from the affidavit that he had seen a black male with short dreadlocks in an SUV, the affidavit nonetheless provided probable cause to issue the warrant based on a controlled buy from defendant. The remainder gave probable cause evidence would be found in defendant’s apartment because defendant went into his residence immediately before traveling directly to the controlled buy. There was sufficient evidence to create a reasonable belief that drugs might be in defendant’s residence 11 days after the controlled buy because the affidavit alleged ongoing sale of drugs. Briscoe v. State, 2018 Ga. App. LEXIS 77 (Feb. 20, 2018).
Defendant’s motion to exclude his jail calls from his trial is denied. It’s clear no jail inmate has a reasonable expectation of privacy in nonprivileged jail telephone calls. United States v. McMillan, 2018 U.S. Dist. LEXIS 29239 (M.D. Pa. Feb. 23, 2018).*
Defendant’s claim of lack of consent misses the point because there was a search warrant. Winn v. State, 2018 Ga. App. LEXIS 114 (Feb. 21, 2018).*