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State v. Carr

The officer's decision to remove the defendant from the vehicle forcibly, handcuff him and place him in the patrol car impermissibly escalated the investigatory stop into a custodial arrest and the subsequent search of the vehicle was unconstitutional.

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After a car in which he was a passenger was stopped by Fulton County police officers, Kentavius Carr was arrested and subsequently indicted on a single count of possession of a firearm by a convicted felon.1 Carr moved to suppress the evidence seized during a police search of the automobile in which he had been riding, arguing that the search resulted from his illegal detention or arrest. The trial court granted that motion and the State now appeals from that order. We find no error and affirm.

In reviewing a trial court’s ruling on a motion to suppress, “we must construe the evidence most favorably to uphold the findings and judgment of the trial court, and that court’s findings as to disputed facts and credibility must be adopted unless clearly erroneous.” State v. Able, __Ga. App.__ Case No. A13A0653, decided April 24, 2013 footnote and punctuation omitted. We review de novo, however, the trial court’s application of the law to the facts. Id.

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