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Mijares v. State

The officer's actions in approaching the defendant and in asking if he could pat him defendant down did not rise to the level of a Terry stop.

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Jose Angel Mijares appeals the denial of his motion to suppress evidence and his ensuing conviction after a stipulated bench trial of trafficking in methamphetamine. He contends that i the State failed to establish venue, ii the search of his person was invalid, and iii certain testimony was inadmissible hearsay. We discern no error and affirm.

Viewed in the light most favorable to the court’s ruling,1 the record shows that a detective with the City of McDonough Police Department, through the use of a confidential informant, arranged to buy drugs from Mijares. At the specified location, with Mijares standing beside his parked car, an officer working in tandem with the detective approached Mijares and asked him if he could talk to him. Mijares answered affirmatively. The officer then asked him if he could pat him down and again received an affirmative response. The officer then felt a large bulge in a pocket and asked permission to remove the contents of the pocket, which was given. Upon removal, the contents appeared to the officer to be a large quantity of methamphetamine.

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