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Askew v. State

The trial court properly denied the defendant's motion to suppress the cocaine and marijuana police found in the vehicle the defendant was driving, as the impoundment of the vehicle at the scene was reasonable and officers conducted the subsequent inventory search in accordance with standard police procedure.

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Following a stipulated bench trial, Duke Askew was found guilty of possession of cocaine with intent to distribute OCGA § 16-13-30 b, possession of marijuana with intent to distribute OCGA § 16-13-30 b, attempting to elude a police officer OCGA § 40-6-395 a, and a stop sign violation OCGA § 40-6-72. Askew appeals from the judgment on his conviction and sentence, contending that the trial court erred in denying his motion to suppress evidence obtained from his car during a traffic stop.1 We discern no error and affirm.

Viewed in the light most favorable to Askew’s conviction,2 the evidence shows that at 10:30 a.m. on December 30, 2011, a Georgia State Trooper observed Askew driving in Hancock County while he was not wearing a seatbelt. The trooper turned on his patrol car lights to initiate a stop. Askew turned right without stopping at a four-way stop sign, and the trooper accelerated and turned on his sirens. Askew continued driving, accelerating and making two turns, after which the trooper pulled alongside Askew’s vehicle to ensure that he was seen. Despite these attempts, Askew continued driving, making three additional turns before stopping on a dead-end road in a rural area. The trooper’s pursuit lasted approximately one minute and fourteen seconds, during which time the trooper called for backup.

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