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State v. Holloway

The officer's vague and uncertain testimony that the vehicle's primary driver ' "pretty much" ' gave her consent to the search authorized the trial court to find that her consent was involuntary.

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Quantellius Holloway was charged with trafficking in cocaine and possession of cocaine with intent to distribute in violation of the Georgia Controlled Substances Act. Holloway filed a motion to suppress the drug evidence, alleging that the evidence was obtained during a police search conducted without voluntary consent. The trial court granted Holloway’s motion, from which the state appeals. We discern no error and affirm. “In reviewing a trial court’s decision on a motion to suppress, we must construe the evidence most favorably to uphold that decision. And because the trial court sits as the trier of fact on a motion to suppress, its findings are like a jury verdict and will not be disturbed if there is any evidence to support them.” Footnotes omitted. State v. Kinsey , 272 placeStateGa.App. 723, 724 613 SE2d 232 2005.

So viewed, the record reflects that the only witness who testified at the suppression hearing was a Dekalb County police officer who discovered the alleged drug evidence during the encounter. The officer testified that on the date of the incident, he and a fellow officer responded to a dispatch call reporting a suspicious person allegedly selling narcotics at the residence of Jolanda Paul. When the officers arrived at the residence, they observed Ms. Paul, Holloway, and their children standing on the front porch. The officers informed Ms. Paul and Holloway that they were there to investigate a report of drug selling activity at the residence. Ms. Paul denied the allegation and gave the officers consent to search the house.

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