X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After stipulating to the evidence, Michael James Cole was found guilty in a bench trial of trafficking methamphetamine.1 He does not challenge the sufficiency of the evidence, but claims the trial court erred by denying his pre-trial motion to suppress evidence of the methamphetamine and his motion seeking disclosure of the identity of a confidential informant who gave police information about the methamphetamine. For the following reasons, we find no error and affirm. 1. We find no error in the trial court’s denial of Cole’s motion to suppress evidence of the methamphetamine.

Cole claims that his Fourth Amendment right to be free from unreasonable search or seizure was violated when police briefly detained him to investigate a suspicion that he was in possession of methamphetamine and then seized methamphetamine from his vehicle without a warrant. The record shows that a confidential informant, who had never before given information, told a Hall County police officer a member of the Multi-Agency Narcotics Squad that Cole would be delivering about two ounces of methamphetamine to the BP gas station on Friendship Road in Hall County. The informant also told the officer the time Cole would arrive at the station and described the vehicle he would be driving. Accompanied by the informant, police set up surveillance at the station and watched as the described vehicle arrived at the station at the predicted time. When Cole stopped and exited the vehicle, the informant identified Cole to police as the person who was delivering the methamphetamine. The officer then approached Cole, identified himself as a police officer, and asked Cole his name. Cole confirmed that he was the man named by the informant, and the officer told Cole that he had received information about drug activity at the station and asked Cole for consent to search his vehicle. When Cole refused to give consent, the officer looked inside the vehicle through a window, and saw what appeared to him to be methamphetamine in a clear plastic bag in plain view in the vehicle. At that point, the officer opened the vehicle door, seized the suspected bag of methamphetamine, and placed Cole under arrest.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Company DescriptionA prominent boutique AV rated Education Law firm located in Westbury, New York. Our firm specializes in education law, sp...


Apply Now ›

Seeking motivated and skilled litigation attorney to join our dynamic defense litigation firm. Role Involves:Conducting thorough research.Ha...


Apply Now ›

DEPUTY PORT ATTORNEY III Oakland, CA Salary: $17,294 - $21,419/month, 37.5-hr work week Your Port. Your Community. Your Career. Whe...


Apply Now ›