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State v. Cook

The State failed to meet its burden to prove that a warrantless search of the defendant's bag was lawful, and the trial court, therefore, properly granted the defendant's motion to suppress evidence seized from his bag in his prosecution for possession of marijuana with intent to distribute.

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Nekia Cook was injured in a car accident and taken to Grady Hospital. Security officers at the hospital allegedly noticed an odor of marijuana emanating from Cook’s backpack, confiscated the bag, and searched it. Inside, they found a mason jar full of marijuana. The security officers called the Atlanta Police Department, and the officer who responded then searched the bag without obtaining a warrant. After Cook was arrested and charged with possession with intent to distribute marijuana OCGA § 16-13-30, he moved to suppress the evidence. The trial court granted the motion, and the State now appeals. We affirm.

In reviewing the grant . . . of a motion to suppress, we construe the evidence in a light most favorable to upholding the trial court’s findings and judgment. . . . We will not disturb the lower court’s ruling if there is any evidence to support its findings. . . . The trial court’s application of law to undisputed facts, however, is subject to de novo review.

 
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