Little v. State

The trial court did not err in refusing to compel the state to reveal the identity of the confidential informant, who arranged to buy methamphetamine from the defendant at a Wal-Mart parking lot.

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A Henry County jury found Brenda Lee Little guilty of trafficking in methamphetamine, OCGA § 16-13-31. Little appeals from the judgment of conviction, contending the trial court erred by denying her pre-trial motion to reveal the identity of a confidential informant and by admitting testimony during trial regarding the confidential informant’s tip. Finding no error, we affirm. The record reveals the following relevant evidence. On September 17, 2003, a narcotics officer with the McDonough Police Department arranged to purchase methamphetamine with the assistance of a confidential informant. The confidential informant called the seller on the phone, and then conveyed the details of the meeting to the officer, who neither participated in nor listened to the unrecorded call. The informant told the officer when and where the sale would occur, and gave the officer a description of the seller and her car. At the arranged time, the officer and the informant went to the meeting place, a Wal-Mart parking lot, in separate cars. The seller arrived shortly thereafter and parked a short distance from the informant, who did not participate further in the transaction. Both the seller and her car matched the descriptions provided by the informant.

When the officer walked toward the seller’s parked car, he was wearing his badge on a chain around his neck. As he approached the car, the seller concealed something beneath her leg. When the officer reached the seller’s car, he saw, in plain view on the car seat, a glass pipe commonly used for smoking methamphetamine or crack cocaine. Concerned the seller might have a weapon, the officer identified himself and asked the seller to step out of the car. When she complied, the officer noticed a large roll of cash that had been concealed beneath the seller’s leg and a bag of what appeared to be marijuana. The officer asked for and received consent to search the seller’s car.

Little v. State

The trial court did not err in refusing to compel the state to reveal the identity of the confidential informant, who arranged to buy methamphetamine from the defendant at a Wal-Mart parking lot.

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