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Pledger v. State

Defendant's consent to search her home was tainted by the officers' illegal entry and illegal detention of the home's occupants.

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Following a bench trial, a Floyd County Superior Court judge found Patches Pledger guilty of two counts of possession of marijuana with the intent to distribute, OCGA § 16-13-30, and possession of a firearm during the commission of a crime, OCGA § 16-11-106. Pledger appeals from the order denying her motion for new trial, contending the judge should have suppressed evidence seized from her home pursuant to a consent search. Because the search was tainted by the an illegal entry into Pledger’s home and an illegal seizure of her person, we reverse.

On appeal from a motion to suppress, the evidence is viewed in a light most favorable to upholding the trial court’s judgment. The credibility of witnesses and the weight accorded their testimony rest with the trier of fact. Thus, the trial court’s findings on disputed facts and credibility must be accepted unless clearly erroneous. Where the evidence is uncontroverted and there is no issue as to witness credibility, however, we review de novo the trial court’s application of the law to the undisputed facts.

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