Williams v. State

The officer was entitled to conduct a warrantless search of the defendant's person incident to his lawful arrest.

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Following a stipulated bench trial, Anthony Eugene Williams was convicted of possession of more than one ounce of marijuana. Williams appeals, contending that the trial court erred in denying his motion to suppress evidence seized from his person during a traffic stop. Finding no error, we affirm.On appeal from a motion to suppress, the evidence is viewed in a light most favorable to upholding the trial court’s judgment. The credibility of witnesses and the weight accorded their testimony rest with the trier of fact. Thus, the trial court’s findings on disputed facts and credibility must be accepted unless clearly erroneous.Citation omitted. Pike v. State , 265 Ga. App. 575 594 SE2d 753 2004. Viewed in this manner, the record shows that Williams was the driver of a vehicle that was pulled over for a window tint violation.1 After stopping the vehicle, the police sergeant approached and asked Williams for his license and registration. As he spoke to Williams, the sergeant smelled the strong odor of raw marijuana emanating from the vehicle. According to the officer, he could identify the smell of raw marijuana based on his extensive training and experience in narcotics enforcement.

During his initial encounter with the sergeant, Williams was shaking and would not make eye contact with him. The sergeant asked Williams to step out of the vehicle, and Williams complied. While speaking with Williams outside the vehicle, the sergeant noticed a large bulge in Williams’s pants in the crotch area. The sergeant attempted a pat-down search for his protection and safety, but Williams kept moving his body whenever the sergeant attempted to pat-down his crotch area. The sergeant also could smell the “really heavy” odor of raw marijuana coming from Williams’s person. When asked about the strong smell, Williams admitted that he had smoked some marijuana. When asked about the bulge, Williams claimed that it was a hernia and became more agitated.

Williams v. State

The officer was entitled to conduct a warrantless search of the defendant's person incident to his lawful arrest.

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