Wilson v. State

The trial court did not err in denying defendant's motion to suppress, since the officer did not unreasonably prolong the stop and had reasonable, articulable suspicion of other illegal activity.

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Following a bench trial, Kendrick L. Wilson was convicted of possession of marijuana with intent to distribute, possession of a firearm during the commission of a crime, and possession of marijuana. On appeal, he contends the trial court erred by denying his motion to suppress and by denying him first offender status. On appeal of a trial court’s order on a motion to suppress, we uphold the court’s findings based upon conflicting evidence if there is any evidence to support them; we uphold the trial court’s findings of fact and credibility unless clearly erroneous; and we construe the evidence in favor of the trial court’s findings and judgment. Tate v. State, 264 Ga. 53, 54 1 440 SE2d 646 1994; see also Jackson v. State, 258 Ga. App. 806, 807-808 2 575 SE2d 713 2002. Moreover, “in reviewing the denial of a motion to suppress, we consider all the evidence of record, including evidence introduced at trial.” Footnote omitted. McDevitt v. State, 286 Ga. App. 120 648 SE2d 481 2007.

1. Construed in favor of the verdict, the evidence shows that on the afternoon of Monday, July 10, 2006, Georgia State Trooper Ray Malone, a canine handler for the Criminal Interdiction Unit that patrols the interstates for criminal activity, was sitting stationary around mile post 112 on Interstate 20 in an attempt to intercept illegal drugs moving from Atlanta to other states, such as South Carolina. He was facing westbound, watching eastbound traffic, and had to turn his head to see the back of Wilson’s car. When Wilson’s car came by, Malone saw a bracket around the car’s license plate that blocked view of the registration expiration date. Malone pursued, even riding along side Wilson for a period of time in order to see if he was wearing a seatbelt. At about mile marker 117 or 118, Malone pulled Wilson over based on the alleged violation of OCGA § 40-2-41.

Wilson v. State

The trial court did not err in denying defendant's motion to suppress, since the officer did not unreasonably prolong the stop and had reasonable, articulable suspicion of other illegal activity.

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