Underwood v. State

On January 31, 2002, the Fayette County and Clayton County Narcotics Units executed a search warrant on an apartment located in Clayton County. The search warrant applied to the apartment, but did not personally name any individuals. As the Clayton County SWAT Team entered the front door to serve the warrant, several males, including Travius Underwood, were seen exiting the back door of the apartment in a “hurried manner.” Underwood and the other males exiting the apartment were detained and searched. Upon searching Underwood, officers found contraband in his pocket. Underwood was placed under arrest and charged with possession of a controlled substance. Underwood moved to suppress the contraband on the ground that it was discovered as the result of an unlawful search of his person. The trial court denied the motion, and Underwood was subsequently found guilty of possession of contraband. Underwood appeals, alleging the trial court erred in denying his motion to suppress. We find no error and affirm Underwood’s conviction.

When reviewing the decision of the trial court on a motion to suppress, we construe the evidence most favorably to uphold the trial court’s findings and judgment, and if there is any evidence to support those findings, they will not be disturbed.1 Here, the totality of the circumstances, including Underwood’s presence on the premises being searched and his subsequent flight, justified Underwood’s detention and search.2