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McKinney v. State

The defendant's motion to suppress was properly denied, since the officer's testimony regarding his experience with the K-9 dog and his observations and conclusions regarding the dog's behavior was sufficient to support the conclusion that the dog alerted to the presence of marijuana in the vehicle.

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Following a jury trial, Micah Andre McKinney was convicted of possession of marijuana with the intent to distribute1 and possession of more than one ounce of marijuana.2 He appeals the denial of his subsequent motion for new trial, arguing that 1 the trial court erred by denying his motion to suppress; 2 the trial court erred by conducting the motion to suppress in the presence of the jury; and 3 he received ineffective assistance of counsel. For the reasons that follow, we affirm.

Viewed in favor of the verdict,3 the evidence shows that during the evening on April 20, 2011, Officer Corey Tate was working as a K-9 police dog handler when he observed a car operating on the highway without tail or tag lights. When Officer Tate made contact with the vehicle, the driver, McKinney, changed lanes without signaling. Officer Tate executed a traffic stop and approached the car, which also contained a male passenger, Jerrell Manghane. After McKinney conceded that he had been driving without his lights, Officer Tate directed him to exit the vehicle, advised him of his Miranda4 rights, and began writing him a courtesy warning. McKinney, who seemed nervous, told Officer Tate that he lived in Chattanooga but had come to Atlanta to take his son home to Decatur. Before turning his back on McKinney and approaching the car to speak with Manghane, Officer Tate asked McKinney for permission to pat him down for weapons. McKinney consented and began to “jerk everything out of his pocket.”

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