State v. Parke

The evidence supported the trial court's conclusion that the officer lacked sufficient articulable suspicion to conduct a stop on grounds that the defendant impeded the flow of traffic in violation of O.C.G.A. § 40-6-184 a.

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The state appeals the trial court’s grant of the motion to suppress filed by defendant Thomas Melvin Parke, who was arrested following a traffic stop and charged by accusation with several drug and traffic-related offenses. Because the trial court was authorized to find that the police officer who initiated the traffic stop lacked articulable suspicion to believe that Parke was impeding the flow of traffic, we must affirm. On appeal from the denial of a motion to suppress, we construe the evidence in the light most favorable to upholding the trial court’s ruling. Andrews v. State , 289 Ga. App. 679, 679-680 658 SE2d 126 2008. When the outcome of a motion to suppress depends on the credibility of the witnesses or on disputed facts, and the trial court has not committed an error of law, the court’s ruling will not be disturbed on appeal. As a reviewing court, we must accept the factual and credibility determinations and inferences drawn by the trier of fact, even if we disagree with them, as long as there is evidence in the record to support the trial court’s findings. Citation omitted. Slayton v. State , 281 Ga. App. 650, 651 1 637 SE2d 67 2006.

Viewed in this light, the record shows that on the evening of June 21, 2008, an officer with the City of Morrow Police Department was conducting speed enforcement on the southbound span of Interstate 75 through Clayton County. While in a stationary position on the side of the highway, the officer observed the vehicle driven by Parke traveling in the leftmost of the three southbound lanes. According to the officer, at least two other vehicles moved into the center lane to pass Parke. The officer initially testified that the other two vehicles “were traveling at the speed limit,” but then conceded that the other vehicles may have been exceeding the speed limit.

State v. Parke

The evidence supported the trial court's conclusion that the officer lacked sufficient articulable suspicion to conduct a stop on grounds that the defendant impeded the flow of traffic in violation of O.C.G.A. § 40-6-184 a.

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