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State v. Dotson

There was probable cause to support the search warrants that led to the defendants' indictment for manufacturing marijuana, other drug offenses and two firearms offenses, and the trial court therefore erred in granting the defendants' motion to suppress evidence police seized during the warrant searches.

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Following a warrant search of his residence, Arthur James Dotson Dotson and his brother, Donte Dotson collectively the Dotsons, were indicted for manufacturing marijuana, other drug offenses, and two firearms offenses. The Dotsons filed a motion to suppress the evidence seized during the search of Dotson’s residence. The trial court granted the Dotsons’ motion, and the State appeals, arguing that the trial court erred in concluding that the search of Dotson’s residence was not supported by probable cause. For the reasons set forth herein, we reverse.

On appellate review of a trial court’s ruling on a motion to suppress, we accept the trial court’s decisions with regard to questions of fact and credibility unless they are clearly erroneous. See Brown v. State, 293 Ga. 787, 802 803 3 b 2 750 SE2d 148 2013. The trial court’s application of the law to undisputed facts, however, is subject to de novo review. See State v. Palmer, 285 Ga. 75, 78 673 SE2d 237 2009.

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