Tucker v. State

The confidential informant's tip, as confirmed by the detective's observations, established probable cause to conduct a warrantless search of defendant's person.

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An Athens-Clarke County Superior Court judge found Patrick Tucker guilty of trafficking in cocaine, OCGA § 16-13-31 a, and obstructing an officer, OCGA § 16-10-24 a. Tucker appeals from the denial of his motion for new trial, contending the trial court erred in denying his motion to suppress the cocaine evidence seized from him. Finding no error, we affirm. “When we review a trial court’s decision on a motion to suppress, the evidence is construed most favorably to uphold the findings and judgment of the trial court; the trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous and will not be disturbed if there is any evidence to support them.” Citation and punctuation omitted. Allenbrand v. State , 217 Ga. App. 609 1 458 SE2d 382 1995. But where the evidence is uncontroverted and no question about the credibility of witnesses is presented, the trial court’s application of law to the undisputed facts is subject to de novo appellate review. Vansant v. State , 264 Ga. 319, 320 1 443 SE2d 474 1994.

Viewed in this light, the record reveals the following. In March of 2001, an Athens-Clarke County detective began investigating drug activity on the University of Georgia campus. During his investigation, he arrested an individual for possessing a large amount of illegal drugs. This person told the detective he bought his cocaine from Patrick Tucker and agreed to cooperate as a confidential informant. The informant said he typically transacted his drug business with Tucker over a cell phone and that Tucker would deliver the drugs to him. The informant told the detective where both Tucker and his girlfriend lived and described their cars. The detective verified the information. The detective testified that he was also personally familiar with Tucker’s drug dealing. He previously arrested Tucker for possessing 200 tablets of illegal drugs and $2,000 in cash. Based on this information, the detective decided to initiate a new investigation into Tucker’s activities.

Tucker v. State

The confidential informant's tip, as confirmed by the detective's observations, established probable cause to conduct a warrantless search of defendant's person.

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