X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Challas Goodman guilty of possession of marijuana with intent to distribute. Goodman’s sole contention on appeal is that the trial court erred in denying his motion to suppress. We find no error and affirm Goodman’s conviction. Three principles guide our review of the trial court’s findings of fact. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.1 The evidence adduced at the hearing on the motion to suppress shows that an officer observed Goodman make a lane change that resulted in him traveling too closely behind a large truck. Goodman does not contest the validity of his detention for following too closely. When the officer stopped Goodman, a recording device recorded and produced a videotape with sound of the entire traffic stop and search. This videotape shows that the officer approached Goodman’s car and asked for his license. The officer invites Goodman to step to the back of the car so the officer can explain why he stopped Goodman. He then explains the unsafe driving maneuver and tells Goodman he is going to give him a warning. The officer then asks Goodman about the “Beginner’s Permit” Goodman gave him. Goodman explains that he lost his license but that the number is the same as the Beginner’s Permit. The officer asks Goodman to “hang tight” while he checks on the license.

Subsequently, the officer rejoins Goodman and begins writing on a clipboard. While writing, he questions Goodman about where he lives and why he is in Georgia. A state trooper arrives. While still writing, the officer explains the problem police are having with drug transportation and asks if Goodman has anything illegal in his car. Goodman responds negatively. The officer then asks, “Would you have a problem if we took a quick search of the vehicle” Goodman replies, “I don’t care.” The officer questions his answer, and Goodman again replies, “I don’t care,” extending his hands, palms upward. The officer asks the trooper to search while he writes a second citation.

 
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

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 ›

Stern, Lavinthal & Frankenberg, LLC, is seeking a foreclosure attorney experienced in the NJ and/or NY foreclosure process and default l...


Apply Now ›

Mineola defense firm seeks attorneys with 3-5 years of actual insurance defense experience to handle complex general liability matters. Sala...


Apply Now ›