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Williams v. State

The trial court erred in denying the defendant's motion to suppress the cocaine police discovered and seized pursuant to an encounter in which the officer's conduct exceeded the scope of a permissible Terry pat-down.

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Following a stipulated bench trial in Henry County Superior Court, Gerald M. Williams was found guilty of trafficking in cocaine.1 He now appeals his conviction, arguing that the court below erred in denying his motion to suppress the evidence police seized from him during a Terry2 pat-down of his person. Finding that the contraband at issue was seized in violation of Williams’s Fourth Amendment rights, we reverse his conviction.

Where, as here, the relevant facts are undisputed, we review the denial of the motion to suppress de novo.3 Vansant v. State, 264 Ga. 319, 320 1 443 SE2d 474 1994. See also Scott v. State, 316 Ga. App. 341, 341 729 SE2d 481 2012 “when we review the denial of a motion to suppress, we owe no deference to the way in which the court below resolved questions of law” citation omitted.

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