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Jackson v. State

The trial court properly denied the defendant's motion to suppress drug evidence officers discovered in his vehicle after a drug dog alerted to the presence of narcotics during a traffic stop, as the stop was not unduly prolonged.

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Kerry Montel Jackson was charged with one count of trafficking in marijuana in violation of the Georgia Controlled Substances Act. Following a bench trial, he was found guilty and sentenced to 25 years, with the first 12 to be served in confinement. Prior to trial, Jackson filed a motion to suppress, which was denied. Jackson now appeals the denial of his motion for new trial, arguing that the traffic stop which uncovered the marijuana was unduly prolonged and, as such, that the search was unlawful. Finding no error, we affirm.

On appeal from a denial of a motion to suppress, this Court must construe the evidence most favorably to uphold the ruling of the trial court. The trial court’s application of law to facts which are undisputed is subject to de novo review. Footnote and punctuation omitted. Matthews v. State, 330 Ga. App. 53, 53 766 SE2d 515 2014. When a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. . . The trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Citation omitted. Perez v. State, 249 Ga. App. 399, 399-400 547 SE2d 699 2001.

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