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State v. Beasley

The officer had reason to suspect that the defendant was involved in underaged drinking based on the defendant's youthful appearance and presence at a bar.

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The state appeals the trial court’s grant of William Loren Beasley’s motion to suppress all evidence that led to his citations for possession of alcohol by a minor and fraudulent use of a driver’s license. In reviewing the grant of Beasley’s motion to suppress, we construe the evidence most favorably to uphold the findings and judgment of the trial court. King v. State, 267 Ga. App. 546 600 SE2d 647 2004. At the suppression hearing, Officer Hogue of the Glynn County Police testified that on November 2, 2002, he went to a bar in St. Simons to check whether it was “letting underage people in to drink.” After he arrived, he saw Beasley inside the bar. Officer Hogue testified that Beasley appeared to be intoxicated and looked “pretty young.” The officer never observed Beasley drinking, nor did he have any recollection of seeing a drink container in Beasley’s hand.

Officer Hogue approached Beasley and asked if he had consumed any alcohol. He said that he could smell a strong odor of alcohol on Beasley’s breath, and the officer asked Beasley if he were 21 years old. Beasley replied that he was 21 and, in response to Officer Hogue’s request for identification, produced his brother’s driver’s license, which showed an age over 21. Because Officer Hogue did not believe that the picture on the license was Beasley’s picture, he continued to talk to him. Beasley later admitted that the license belonged to his brother and that he was under 21 years old. The officer allowed Beasley to step outside the bar, where he issued him the citations.

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