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May v. State

The trial court properly denied the defendant's motion to suppress the less than one gram of methamphetamine an officer discovered during a pat-down for weapons, as the pat-down was justified and the seizure of the contraband was allowed under the plain feel doctrine.

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Following a stipulated bench trial, Rocky Eugene May, Jr. was convicted of possession of methamphetamine and sentenced to three years on probation. May appeals, contending that the trial court erred by denying his motion to suppress evidence seized when police officers responded to a domestic disturbance call at his residence. We affirm.

In Hughes v. State, 296 Ga. 744 770 SE2d 636 2015, our Supreme Court explained what standard of review appellate courts should apply when reviewing the grant or denial of a motion to suppress. As an overarching principle, when the facts material to a motion to suppress are disputed, it generally is for the trial judge to resolve those disputes and determine the material facts. Id. at 746 1. From this principle, the Court identified three corollaries:

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