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Quick v. State

The trial court erred in basing its finding of probable cause in part on the discovery of contraband in the vehicle.

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Jelani Quick was indicted for trafficking in cocaine, possessing cocaine with intent to distribute, possessing marijuana, possessing a firearm during the commission of a felony, and possessing a firearm as a convicted felon. Quick moved to suppress the evidence, arguing that it was obtained during an illegal traffic stop and search. The trial court found that the traffic stop was supported by probable cause and thus denied the motion to suppress. We granted Quick’s application for interlocutory appeal. As we find the trial court’s analysis flawed, we reverse and remand with direction. In reviewing a trial court’s ruling on a motion to suppress, we construe the evidence in a light favorable to upholding the lower court’s findings.1 In so doing, we adopt the trial court’s findings on disputed facts and credibility unless they are clearly erroneous.2

Viewed in this manner, the record shows that on July 31, 2002, law enforcement officers, using information received from a confidential informant, allegedly made a controlled buy of cocaine from Quick and two other men. The police set up a second buy for the next day, which was to take place at a Kroger grocery store on Metropolitan Parkway. According to the confidential informant, the contraband would be delivered at around 6:00 p.m. by men driving a black Pontiac Firebird.

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