O'Neal v. State

The defendant's statements to police that he possessed marijuana and had marijuana pipes were not made in response to questions by deputies and the statements gave the officers probable cause to search the defendant's truck.

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After a bench trial, Jason O’Neal was convicted of possession of oxycodone, possession of marijuana and two child restraint violations. He appeals, challenging the trial court’s denial of his motion to suppress evidence. Because the evidence authorized the trial court’s finding that the search of O’Neal’s motor vehicle was lawful, we affirm. In ruling on a motion to suppress, the trial judge sits as the trier of fact, having the sole province of determining the credibility of witnesses and resolving conflicts or inconsistencies in the evidence. 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 trial court’s findings and we must adopt such findings on disputed facts and credibility unless they are clearly erroneous. Quick v. State , 279 Ga. App. 835, 836 632 SE2d 742 2006.

So construed, the evidence shows that on April 29, 2010, Deputy Skinner of the Richmond County Sheriff’s Office was on patrol when saw O’Neal driving his pickup truck with an unrestrained child in the back seat. Deputy Skinner stopped O’Neal for the child restraint violation and discovered that there were actually two unrestrained minors in the truck. Suspecting that O’Neal was under the influence of drugs or alcohol because he seemed disoriented and acted as though he did not know where he was, Deputy Skinner asked O’Neal to step out of the vehicle in order to administer field sobriety tests. As O’Neal got out of his truck, the deputy asked him for permission to search the truck, but O’Neal refused.

O'Neal v. State

The defendant's statements to police that he possessed marijuana and had marijuana pipes were not made in response to questions by deputies and the statements gave the officers probable cause to search the defendant's truck.

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