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McDaniel v. State

The trial court properly admitted the methylenedioxymethamphetamine found in defendant's pocket since the totality of the circumstances authorized the officers to arrest him.

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Bobby Edward McDaniel appeals following his conviction on one count of possession of methylenedioxymethamphetamine with intent to distribute. McDaniel contends that the trial court erred in denying his motion to suppress and asserts further error arising from his trial. We affirm. Officer Bryan Cavanaugh of the Tifton Police Department was the sole witness at the hearing on McDaniel’s motion to suppress. Officer Cavanaugh testified that Alex Shuman, a 16-year-old informant, told him that drugs were being sold by someone named Ed, who worked at a flower shop and drove a white van. Shuman said Ed sold the drugs along with Jeremiah Price, who worked at Pizza Hut. Officer Cavanaugh determined that the white van was driven by McDaniel, who was the flower shop owner’s son.

The police gave Shuman funds to attempt to purchase drugs from McDaniel, and he met with McDaniel at the flower shop. No drug transaction occurred at that time, but Shuman told police that he had arranged to meet McDaniel later to complete the transaction. That night, police conducted surveillance on McDaniel’s home. The officers saw McDaniel leave the house in a red Jeep Cherokee. The police followed, but quit tailing McDaniel after they suspected that he had spotted them. The officers then went to the site where the drug transaction was to occur, but McDaniel never showed up.

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