State v. New

The searches conducted pursuant to misinformation that the defendant was still on probation and had waived his Fourth Amendment rights were invalid and the trial court properly suppressed the evidence obtained as a result of the searches.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The State appeals from the grant of a motion to suppress filed by Kevin Charles New after he was indicted for his alleged possession of methamphetamine with intent to distribute, possession of methamphetamine, and possession of marijuana, all pursuant to OCGA § 16-13-30; theft by receiving, in violation of OCGA § 16-8-7; and possession of a drug-related object under OCGA § 16-13-32.2. The State contends that the trial court erred in granting the motion because law enforcement acted reasonably under the totality of the circumstances and OCGA § 17-5-30 only requires suppression of evidence seized during an unlawful search; law enforcement acted in good faith; and the purposes of the exclusionary rule are not served in this case by suppressing the evidence. For the reasons that follow, we are constrained to affirm.

Three fundamental principles . . . must be followed when conducting appellate review of a trial court’s ruling on a motion to suppress. 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 her 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 them. Second, the trial court’s decision with regard to 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. These principles apply equally whether the trial court ruled in favor of the State or the defendant.

State v. New

The searches conducted pursuant to misinformation that the defendant was still on probation and had waived his Fourth Amendment rights were invalid and the trial court properly suppressed the evidence obtained as a result of the searches.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report