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Foster v. State

The arresting officer had probable cause to search the defendant's car when he smelled marijuana in the car during a routine traffic stop.

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Following the denial of her motion to suppress, Deloris Foster was convicted by a jury of trafficking in methylenedioxymethaphetamine MDMA or Ecstasy and possession of more than an ounce of marijuana. The trial court denied her motion for new trial, and she appeals, arguing that the trial court erred in denying her motion to suppress and that without the evidence obtained from an illegal search, the evidence was insufficient to convict her. Because the arresting officer had probable cause to search Foster’s car, the trial court did not err in denying Foster’s motion, and we affirm.

1. When reviewing a ruling on a motion to suppress, we accept a trial court’s findings as to disputed facts unless the findings are clearly erroneous, but if the evidence is uncontroverted and no issue of witness credibility exists, we review de novo the trial court’s application of the law to the facts. Vansant v. State, 264 Ga. 319, 320 1 443 SE2d 474 1994. When reviewing such a ruling, we may consider trial testimony and testimony adduced at a post conviction hearing in addition to the testimony submitted during the pretrial motion to suppress hearing. See Sanders v. State, 235 Ga. 425, 431-432 II 219 SE2d 768 1975, superceded in part by statute on other grounds as noted in State v. Dempsey, 290 Ga. 763, 765 1 727 SE2d 670 2012. See also Grimes v. State, 303 Ga. App. 808, 809 1 695 SE2d 294 2010.

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