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Brown v. State

Evidence that officers seized a plastic bag of cocaine from the trunk of the defendant's vehicle, supported his conviction for possessing cocaine with intent to distribute.

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Kenneth Brown, convicted by a Morgan County jury of possession of cocaine with intent to distribute,1 appeals from the trial court’s denial of his motion for new trial. Brown contends that his trial counsel rendered ineffective assistance of counsel in not filing a timely motion to suppress evidence seized from Browns’ vehicle. Finding no harmful error, we affirm. Viewed in the light most favorable to the verdict,2 the evidence showed that Brown was driving on Interstate 20 when Trooper Ray Malone with the Georgia State Patrol observed him committing the traffic offense of following too closely. Malone also noted that Brown was not wearing a seatbelt and that the tag on his car had expired. Malone initiated a traffic stop. Brown was asked to produce his drivers license, insurance information and registration, but was only able to produce his drivers license. Malone ultimately had to find the missing information on the state insurance database.

As Malone spoke with Brown through the open passenger window of the car during the traffic stop, he smelled what he recognized, based on his training and experience, to be the odor of burnt marijuana from inside the car. Malone also noticed what looked to be remnants of marijuana in the floorboards, “like if somebody may have been rolling marijuana cigarettes.” Brown mentioned that he had been to the Atlanta area to visit some friends for a few days and was headed back home to South Carolina. However, Brown was unable to provide details about where he had stayed and Malone noticed that the car did not contain any visible luggage or evidence of a trip.

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