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State v. Mohammed

The investigative officer's patrol car video did not clearly establish that the trial court erred in determining that the traffic stop in question was unlawful.

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Following his arrest for driving under the influence of alcohol, Andy Jason Mohammed filed a motion to suppress evidence collected during what he claimed was an invalid traffic stop. The state now appeals from a trial court order granting the motion to suppress. Based on our limited standard of review in considering judgments on motions to suppress, we affirm. When considering the appeal of a grant or denial of a motion to suppress, the trial court sits as the trier of fact, and this Court construes the evidence in favor of the trial court’s ruling.1 We must defer to the trial court’s determination on the credibility of witnesses; and while we review de novo the trial court’s application of the law to undisputed facts, we must accept the trial court’s ruling on disputed facts unless it is clearly erroneous.2

So viewed, the evidence shows that shortly after midnight on the morning of August 6, 2008, a police officer with the Cobb County Police Department observed two vehicles traveling in a westerly direction on Powder Springs Road. That portion of the road has two lanes designated for westerly traffic, but both vehicles were in the same lane, with the car driven by Mohammed in back of the other car.

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