James Alan Davis, who was convicted in a bench trial of one count of carrying a concealed weapon and one count of carrying a pistol without a license, asserts on appeal that the trial court erred in denying his motion to suppress evidence seized during a pat-down search of his person. We disagree. “In considering an appeal from denial of a motion to suppress, this Court construes the evidence in favor of the trial court’s ruling, and we review de novo the trial court’s application of the law to undisputed facts.” Citation omitted. Lindsey v. State , 287 Ga. App. 412 651 SE2d 531 2007. Here, the evidence is undisputed that on September 29, 2006, Officer Richard L. Klok of the Gwinnett County Police Department was on routine patrol in a patrol car when he noticed Davis and another man walking down the street. As he drove by, Davis immediately moved his hand to his right waistband and gave it a quick upward tug. Klok testified that in the past he had observed similar actions by people who were carrying concealed weapons. Davis and the other man were wearing black pants and long white shirts that came down to their knees, and Davis’s movement toward his waistband caught the officer’s eye.
The officer turned his car around and again passed the two men. During this pass, the officer observed a bulky object concealed by Davis’s long shirt at the spot where he had previously moved his hand. Klok slowed his car down and tried to observe the men as long as he could. He noticed that Davis’s pants were sagging on the right hand side as if there was something of “considerable weight” on that side of his body. It was a windy day, and Davis again moved his hand over his right waist, pulling his pants up a little bit, and then moved his hand away. As he did so, the wind blew, allowing Klok a glimpse at what looked like the pistol grip of a handgun. After calling for backup, Klok moved his car down the road and stopped, while observing the two men. Davis continued to pull up on the right side of his waist, and Klok again saw what appeared to be the pistol grip of a handgun protruding from that side of his waist.
