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Eichelberger v. State

The arresting officers had probable cause suspicion to stop the vehicle defendant was riding in based on the driver's attempt to flee after an officer initiated blue lights and siren to stop the vehicle for a suspicious drive-out tag.

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Following a bench trial in the Superior Court of Cobb County wherein the parties stipulated to the State’s case as made out in the hearing on the motion to suppress, Avery Eichelberger was found guilty of trafficking in cocaine more than twenty-eight grams and misdemeanor possession of marijuana. He appeals and contends the trial court erred in denying his motion to suppress based upon an improper stop of his vehicle. Because we find no error, we affirm.

When reviewing a trial court’s decision on a motion to suppress, this court’s responsibility is to ensure that there was a substantial basis for the decision. The evidence is construed most favorably to uphold the findings and judgment, and the trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous. Further, since the trial court sits as the trier of fact, its findings are analogous to a jury verdict and will not be disturbed if there is any evidence to support them.1

 
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