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State v. Cannon

The officer had probable cause to believe that defendant was hiding contraband in his pants where the defendant attempted to prevent the officer from frisking his upper thigh area.

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The State appeals from the Superior Court of Richmond County’s grant of Anthony Richard Cannon’s motion to suppress, which motion was granted on the basis that a pat-down performed on Cannon’s person exceeded the bounds of a permissible Terry1 search when the sheriff’s deputy shook Cannon’s pant leg in order to dislodge an unidentified “bulge” therein. The State argues that probable cause existed to search Cannon at the time the deputy shook the pant leg. We agree and reverse.

In addressing this appeal, we bear in mind that a trial court’s application of the law to undisputed facts is subject to de novo appellate review.2 Defendant presented no evidence at the motion to suppress, and the facts here are essentially undisputed; thus, the application of the law thereto will be reviewed de novo. In that regard, the record shows that, at approximately 2:30 a.m. on January 14, 2001, Bernard Peterson was driving a gold Acura 3.5 at an excessive rate of speed in the area of High and Carpenter Streets in Augusta. Appellee Cannon was riding in the front passenger seat and two other male passengers were in the rear seat. Deputy W. Neal of the Richmond County Sheriff’s Department was on routine patrol in the area and observed the speeding Acura. Neal moved in behind the Acura in his marked police vehicle. At that point, the Acura began weaving on the roadway, and the occupants “were moving around like they were hiding items in the car.” Neal called for backup and pulled the Acura over for speeding and failure to maintain a lane.

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