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Hall v. State

The record showed that the confidential informant was reliable.

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Jackie Hall was convicted by a jury of trafficking in cocaine OCGA § 16-13-31 a 1. The trial court denied his motion for new trial. On appeal, Hall’s claims of error challenge the denial of his motion to suppress the drug evidence. Specifically, he contends that the trial court erred in finding i that the confidential informant who provided the tip leading to his detention and search was reliable; ii that the officers had probable cause for the warrantless search of his person; and iii that he had freely and voluntarily consented to the warrantless search. We discern no error and affirm. In ruling upon a motion to suppress, the trial judge is the trier of fact, having sole province of determining witness credibility and resolving evidentiary conflicts or inconsistencies. See Pattman v. State , 208 Ga. App. 770, 772 431 SE2d 706 1993. On appeal, we construe the evidence in a light favorable to upholding the lower court’s findings, and we adopt the trial court’s findings on disputed facts and credibility unless they are clearly erroneous. See Quick v. State , 279 Ga. App. 835, 836 632 SE2d 742 2006. However, we apply a de novo standard of review to the trial court’s application of law to those facts that are undisputed. See State v. Jones , 287 Ga. App. 259 651 SE2d 186 2007.

So viewed, the record evidence shows that on the evening of August 30, 2005, an officer with the City of Atlanta Police Department was approached at the precinct by a confidential informant with whom he and other officers had worked for three years. The officer testified that the informant had provided reliable information in two of his prior cases, which had resulted in drug arrests within the past two years.

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