The State appeals from the State Court of Glynn County’s order granting Lisa Ann Ferrell’s motion in limine premised upon an illegal stop of her vehicle. For the reasons that follow, we reverse. Factual and credibility determinations made by a trial judge after a suppression hearing or a motion in limine hearing to exclude evidence are accepted by appellate courts unless clearly erroneous. However, where, as here, the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review.1 With these principles in mind, the evidence adduced at the suppression hearing shows that Glynn County Police Officer Michelle Hunt responded to a call to Mulligan’s bar in order to help end an altercation between Ferrell’s husband and another patron. Upon arrival, Officer Hunt observed Ferrell standing outside in the parking lot with several people, including her “upset” husband; these people were urging Ferrell and her husband to “just go ahead and leave.” Taking their advice, Ferrell and her husband got into their Camry automobile; Ferrell was driving. Officer Hunt observed her twice attempt to back the car out of the parking space; to the officer, Ferrell “appeared to have some difficulty in backing up. There wasn’t anything, you know, that would stop her from backing.” Hunt suspected that Ferrell might be an impaired driver, but allowed her to leave Mulligan’s and the “lot of intoxicated people” in the parking lot. After Ferrell departed, Officer Hunt remained at Mulligan’s for approximately five minutes. Thereafter, as the officer left, she observed Ferrell’s vehicle in the parking lot of the BP gas station adjacent to Mulligan’s; the car’s parking lights were on although the engine was not running. Afraid that the couple might return to continue the altercation at Mulligan’s, Hunt stopped at the BP and approached the parked Camry. Ferrell was sitting behind the wheel. Hunt asked Ferrell for her driver’s license and proof of insurance. Ferrell produced them. At that time, the officer, smelled an extremely strong odor of alcoholic beverage about Ferrell’s person, her eyes were red and glassy. I asked her if she had anything to drink and she stated that she had had something to drink, but she wouldn’t tell me, you know how much. I asked her if she would submit to some filed sobriety tests, and she stated she would. Ferrell failed to properly perform the field sobriety exercises and refused to blow into an alcosensor. Hunt arrested her and read her the implied consent warnings. Ferrell refused chemical testing.
Ferrell filed a motion in limine. Following the evidentiary hearing at which only Officer Hunt testified, the trial court issued an order granting the suppression motion because “the stop and the detention of this Defendant was without probable cause.” Held :
