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In the Interest of J. D. G.

The officer had probable cause to arrest the juvenile based on a cellophane bag containing marijuana, which the officer found near a cinder block wall that the juvenile had just climbed over.

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Fifteen-year-old J. D. G. was charged with possessing marijuana and possessing methamphetamine. He moved to suppress the evidence, asserting that it was procured during an illegal search. The trial court denied the motion, but granted a certificate for immediate review. Finding no error, we affirm. On appeal from a ruling on a motion to suppress, we construe the evidence most favorably to uphold the findings and judgment of the trial court.1 “The trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous.”2 Viewed in this manner, the evidence shows that on the evening of January 4, 2005, Deputy Tammy Higgins of the Walker County Sheriff’s Office observed J. D. G. and another minor rattling the front door of a house in an attempt to enter. Higgins, who knew there had been some break-ins in the area, called the two boys to her, and they climbed over a cinder block wall and walked towards her.

While speaking with the boys, Higgins noticed cigarettes littering the path the boys had taken. Although it had been raining that day, the cigarettes were dry. Higgins left the two boys talking to another law enforcement officer, whom the boys apparently knew, as she retraced their steps. When she reached the cinder block wall, Higgins discovered a cellophane bag that appeared to be from a cigarette package that contained marijuana. According to Higgins, the bag was “dry and warm to her touch.”

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