X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Justin Shoemaker guilty of possessing methamphetamine, trafficking in methamphetamine, and possessing a firearm during the commission of a felony. Shoemaker appeals, arguing that the trial court erred in denying his motion to suppress and that there was insufficient evidence to convict him of possessing methamphetamine. For reasons that follow, we affirm. 1. Shoemaker claims that the trial court erred in denying his motion to suppress. “When reviewing a ruling on a motion to suppress, we view the evidence in a light favorable to the trial court’s conclusions, and we adopt the trial court’s findings on disputed facts and credibility unless they are clearly erroneous.”1 So viewed, the record shows that at approximately 12:40 a.m. on November 9, 2005, Officer Kaye of the Henry County Police Department responded to a suspicious vehicle call. A vehicle was parked in the driveway of a subdivision’s unoccupied model home; Officer Kaye ran the vehicle’s tag and learned that it was registered to a different vehicle. In the vehicle’s front seat, Officer Kaye saw a scanner, a camouflage mask, a digital scale, and a cell phone. Officer Kaye left the scene; when she returned at approximately 3:00 a.m., she saw Shoemaker walk up and enter the vehicle.

Officer Kaye asked Shoemaker to exit the vehicle and requested his driver’s license. She saw a “very large . . . glass smoking device,” or “bong,” in the vehicle, which had not been there before. When she asked him about the object, Shoemaker stated that it was a bong. Because Shoemaker was sweating, jumpy, very nervous, stuttering, and had red eyes, Officer Kaye suspected that he might be under the influence of a controlled substance. She asked Shoemaker if he was high, and he replied, “Yes, I’m high.” She noticed that the front pockets of Shoemaker’s pants were “extra bulgy,” and accordingly told him that she was going to pat him down to make sure he did not have a weapon. When she patted Shoemaker down, she felt something hard, “like a case,” in one of his pockets. Thinking it might be a weapon, Officer Kaye pulled the item out of Shoemaker’s pocket. It was a camera case, “like a 35 millimeter camera size,” which she believed might contain a weapon. Upon opening the case, Officer Kaye found a scale and several small plastic bags containing what appeared to be crystal methamphetamine. Shoemaker was placed under arrest, and a subsequent search of his vehicle yielded, among other items, two guns and ammunition.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

ABOUT THIS RECRUITMENTOur attorneys face some of the most challenging, cutting-edge legal issues in the environmental field. As such, we ar...


Apply Now ›

Hofstra University enrolls over 6,000 undergraduate students and nearly 4,000 graduate students in 13 schools, which feature a variety of de...


Apply Now ›

McCarter & English, LLP is actively seeking a patent associate, patent agent, or technical specialist for its Intellectual Property Prac...


Apply Now ›