Demetrius Thomas appeals from his convictions of possession of cocaine with intent to distribute,1 possession of marijuana with intent to distribute,2 and felony obstruction of an officer,3 asserting that the trial court erred in: 1 denying his motion to suppress certain evidence; and 2 excluding certain impeachment evidence that Thomas sought to use against the arresting officer. Finding that the evidence which Thomas sought to suppress was obtained through an illegal police detention and search of Thomas, we reverse. On a motion to suppress, the State bears the burden of proving that the police detention of the defendant was legal. Teal v. State .4 “When reviewing a ruling on a motion to suppress, where, as here, the evidence is uncontroverted and there exists no question regarding witness credibility, we review de novo the trial court’s application of the law to the facts presented.” State v. Torres .5 In doing so, “we consider all the evidence of record, including evidence introduced at trial.” Punctuation omitted. Lindsey v. State .6
The only evidence relevant to the issue of suppression was the testimony of the arresting officer, offered at both the motion to suppress hearing and at trial. According to the officer, on the afternoon of July 19, 2008, he was standing outside of the building that houses the Lumpkin Police Department when he observed Thomas standing in a parking lot located approximately one and one-half blocks away. The parking lot, which was shared by a nightclub and a restaurant, was known to police as an area where illegal drug transactions and illegal drug use frequently occurred. Because the proprietor of the nightclub and restaurant had asked police to help control loitering in the area, the officer got into his patrol car and drove towards the parking lot. As he approached the parking lot, the officer saw Thomas standing next to a parked vehicle and observed him reach into the passenger side of the vehicle and then walk away. The vehicle then left the parking lot and the officer drove into the same lot. As the officer did so, Thomas walked to the steps of the restaurant, picked up a water bottle, and began walking towards the nightclub.
