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Durham v. State

The defendant's consent to search her residence was not involuntary as the officer had authority to detain her while waiting for other officers to obtain a search warrant and the circumstances of the detention were not improper.

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Angela Durham appeals from the denial of her motion for new trial following her conviction for violating the Georgia Controlled Substances Act by manufacturing methamphetamine.1 She contends that the trial court erred by denying her motion to suppress evidence found during a search of her residence. Discerning no error, we affirm.

On review of the denial of a motion to suppress, we consider all the evidence of record, including evidence introduced at trial. Where the evidence at a hearing on a motion to suppress is uncontroverted and no question of credibility is presented, we review the trial court’s application of the law to these undisputed facts de novo. As to questions of fact and credibility, however, we construe the evidence in favor of the trial court’s findings and judgment, which must be accepted unless clearly erroneous.2

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