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Duncan v. State

The evidence obtained as the result of a search of the defendant's car was inadmissible, since the officer impermissibly continued to detain and question the defendant after the completion of the stop.

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Lisa Smoak Duncan was charged with possession of methamphetamine OCGA § 16-13-30 a, possession of drug-related objects OCGA § 16-13-32.2 a, and speeding OCGA § 40-6-181. Duncan filed a motion to suppress the drugs seized from her car after a traffic stop, arguing that the officer detained her beyond the time necessary to issue the speeding ticket. Following a hearing, the trial court denied Duncan’s motion to suppress and her motion for reconsideration, but instead issued a certificate for immediate review. We granted Duncan’s application for interlocutory review and this appeal ensued. For the reasons that follow, we reverse the trial court’s ruling.

There are three fundamental principles which must be followed when conducting an 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 his 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.

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