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Battle v. State2/17/2004
We granted Frank Battle, Sr.'s application for interlocutory review of the order denying his motion to suppress evidence seized pursuant to an insurance fraud investigation to clarify that, under Franks v. State, the failure to leave a copy of the supporting affidavit at the searched premises does not render the warrant void. In addition, because the affidavit in the case at bar established probable cause to search Battle's premises, we affirm the trial court's order.
1. We first dispense with Battle's attack upon the trial court's factual findings. Three principles guide our review of the court's judgment of the facts.
First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Second, the trial court's decision with regard to the questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court's findings and judgment.
Viewed in its proper light, the evidence adduced at the hearing on the motion to suppress shows that Agent J. Ronnie Webb of the State Board of Workers' Compensation ("Board") was assigned to investigate a complaint that Battle had fraudulently accepted workers' compensation insurance premiums without procuring the policy for which payment had been submitted. Agent Webb presented a four-page affidavit in support of a search warrant to the magistrate judge. In the affidavit, Webb recited that he had received a complaint from an attorney whose client was hurt on the job; that the attorney learned that the client's employer was uninsured; that a Board compliance officer interviewed the employer, who stated that he had insurance through Frank Battle & Associates; that a check of the Board's files revealed that the employer was uninsured; that the employer showed the officer receipts for cash and checks payable to Battle for insurance premiums; that upon learning that Battle had defrauded this employer, Agent Webb contacted the Georgia State Office of Insurance and Fire Safety Commissioner and learned that a second complaint had been lodged against Battle; that Agent Webb interviewed the complainant, who produced receipts for checks given to Battle in payment of a workers' compensation insurance policy that he failed to procure; that the complainant discovered the fraud when his employee was hurt on the job; that both employers were recent immigrants, and it appeared that Battle was taking advantage of their lack of knowledge and sophistication; and that based on Agent Webb's investigation, probable cause existed to believe that Battle was conducting an insurance fraud scheme. Agent Webb testified that he signed the affidavit on August 28, 2001, in the magistrate's presence, and that the magistrate signed the affidavit as well.
Agent Webb further testified that he prepared a second affidavit in support of a warrant to seize the computers in Battle's office, but the magistrate indicated that an additional affidavit was not needed because the computers were covered by the prior warrant. Agent Webb testified that the second affidavit omitted the probable cause information; that a few days after the search, Battle's lawyer called him and requested a copy of the warrant; that Agent Webb sent him the warrant but not the detailed affidavit because he did "not want to afford [Battle] the opportunity to intimidate or bribe or coerce any of the people who had provided .
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