Brint v. State

Richard Brint was convicted of possession of cocaine following a bench trial. On appeal, Brint contends that the trial court erred in denying his motion to suppress the drug evidence seized during a search of his person. For the reasons that follow, we affirm. “When reviewing a trial court’s ruling on a motion to suppress, evidence is construed most favorably to uphold the findings and judgment. The court’s findings of fact will not be disturbed if there is any evidence to support them.” Citation and punctuation omitted. Dunn v. State , 289 Ga. App. 585 1 657 SE2d 649 2008.

So viewed, the record shows that on August 8, 2008, deputies with the Johnson County Sheriff’s Department sought and obtained a warrant to search for drugs and illegal contraband at a residence. Upon entering the residence to execute the search warrant, the deputies encountered Brint. Brint was a visitor at the residence and was the only occupant present during the search. Brint was not named in the warrant and the deputies were not familiar with him prior to their arrival. The deputies immediately performed a pat-down search of Brint for weapons to insure their safety. During the pat-down search, a deputy felt a package in the front pocket of Brint’s pants. The deputy asked Brint what was in his pocket. Brint responded that he did not know what the package was and told the deputy “you can take it out.” The deputy then removed “a 20 sack of cocaine” from Brint’s pocket. Brint was arrested and charged with possession of cocaine.