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Eaton v. State

The officer discovered the methamphetamine in plain view during a limited Terry-type protective search.

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Kirsten Marie Eaton was found guilty by a jury of trafficking in methamphetamine and possession of methamphetamine with intent to distribute. We find no merit to Eaton’s claims that the trial court should have suppressed evidence of the methamphetamine because the State obtained it in violation of her Fourth Amendment rights, or that the trial court should have excluded evidence of the methamphetamine from the trial because the State failed to establish the chain of custody. For the following reasons, we affirm. 1. The State produced testimony from a police officer that, when he placed Eaton under arrest after a traffic stop, he found suspected methamphetamine in her possession. A forensic chemist testified that the suspected methamphetamine was weighed and tested at the State Crime Lab and proved to be a substance which weighed in excess of 28 grams and tested positive for methamphetamine. A police officer experienced in narcotics investigations testified that the amount of methamphetamine found in Eaton’s possession, along with a weight scale and plastic bags also found in her possession, was evidence that she possessed the methamphetamine with the intent to sell and distribute it to others. The evidence was sufficient for the jury to find beyond a reasonable doubt that Eaton was guilty of the charged offenses. OCGA § § 16-13-31 e; 16-13-30 b; Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

2. The trial court correctly denied Eaton’s motion to suppress the methamphetamine made on the basis that the arresting officer violated her right under the Fourth Amendment not to be subjected to unreasonable search and seizure.

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