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Bolen v. State

Officers were authorized to stop and question the defendant after observing him riding his bicycle at night without a headlight.

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Tyrone Bolen appeals his judgment of conviction and sentence of misdemeanor possession of marijuana, obstruction, and failure to have lights on a bicycle. He contends the trial court erred by denying his motion to suppress.

The State has the burden of proving that a search was lawful. State v. Hammond, 313 Ga. App. 882, 883-884 723 SE2d 89 2012. On appeal of the denial of a motion to suppress, we construe the facts in favor of the trial court’s findings, uphold the court’s findings unless clearly erroneous, and review de novo the trial court’s application of the law to the facts. Barrett v. State, 289 Ga. 197, 200 1 709 SE2d 816 2011; Herrera v. State, 288 Ga. 231, 233 2 702 SE2d 854 2010.

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