X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Putnam County jury convicted James David Powers of possession of methamphetamine and marijuana, OCGA § 16-13-30; obstruction of a police officer, OCGA § 16-10-24; and operation of an unregistered vehicle, OCGA § 40-2-8. He appeals from the denial of his motion for new trial, claiming that the trial court erred when it denied his motion to suppress the evidence gathered during a traffic stop pursuant to a roadblock and during a subsequent search of his home. Finding no error, we affirm. The standard of review for each of Powers’ four enumerated errors is the same. “A trial court’s order on a motion to suppress will not be disturbed if there is any evidence to support it, and the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous.” Citation and punctuation omitted. McBride v. State , 246 Ga. App. 151, 152 539 SE2d 201 2000. We construe all evidence presented in favor of the trial court’s findings and judgment. Loney v. State , 245 Ga. App. 376, 377 537 SE2d 780 2000. Viewed in this light, the evidence presented at the hearing on Powers’ motion to suppress showed that, on the afternoon of December 4, 1999, members of the Putnam County Sheriff’s Office and the U. S. Forest Service conducted a roadblock to check for impaired drivers, as well as to check drivers’ licenses, tags, and insurance cards.1 At approximately 2:25 p.m., Powers approached the roadblock in his dump truck. An officer noticed that Powers’ truck had an expired tag, and instructed Powers to pull his truck over to the shoulder of the road. Upon approaching Powers, the officer smelled a strong odor of alcohol on Powers’ breath. While the officer worked on the expired tag citation, a Forest Service agent approached Powers’ truck. The Forest Service agent observed a rifle on the seat and asked Powers to step out of the truck. The agent also smelled a strong odor of alcohol coming from Powers. The agent asked Powers if he had been drinking, and Powers stated that he had had one beer. Powers agreed to take a field sobriety test, and the agent performed a horizontal gaze nystagmus HGN test. Powers failed the HGN test, but, based upon his experience, the agent believed Powers was impaired by drugs, not alcohol. The agent asked Powers whether he had taken any drugs, and Powers said he had taken an over-the-counter cold medication.

Before the first officer finished processing the citation for an expired tag, the Forest Service agent asked for and received Powers’ consent to search him and his truck. Powers began emptying his pockets and placed a small bag of marijuana in the agent’s hat. Powers also dropped on the ground a section of straw on which there was a white powdery residue.2 The agent noticed a bulge in Powers’ pants pocket and asked him what it was. The agent started to pat it down, but Powers pushed him backwards and ran into the nearby woods. As an officer pursued Powers, he saw Powers take something from a pocket and throw it to the ground. The officer caught Powers and arrested him for possession of marijuana and obstruction of an officer. Officers searched for but could not find the discarded item. During the subsequent search of the dump truck, officers discovered additional marijuana pushed down behind the seat.

 
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
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›