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Calcaterra v. State

The officer had probable cause to stop the defendant when he observed her vehicle cross the fog line three times, giving rise to a reasonable articulable suspicion that she was driving under the influence of drugs or alcohol.

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After a jury trial, Nakenya L. Calcaterra was convicted of possession of cocaine with intent to traffic1 and possession of marijuana with intent to distribute.2 She appeals, arguing that the trial court erred by denying her motion to suppress the evidence because her consent to search was the product of an unreasonably prolonged detention. For the reasons that follow, we affirm.

On appeal from a ruling on a motion to suppress, we must construe the evidence most favorably to affirming the trial court’s factual findings and judgment. We accept the trial court’s factual and credibility determinations unless they are clearly erroneous, and the factual findings will be upheld if they are supported by any evidence. The trial court’s application of the law to undisputed facts, however, is subject to a de novo standard of review.3

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