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Palmer v. State

The officer did not need articulable suspicion to approach defendant's parked car and ask for the occupants' identification.

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A Cobb County Superior Court judge found Willie Lee Palmer guilty of trafficking in cocaine, OCGA § 16-13-31 a 1. Palmer appeals from the denial of his motion for new trial, contending the trial court erred in denying his motion to suppress evidence allegedly unlawfully seized. Palmer argues the police lacked reasonable articulable suspicion to stop him and that his consent to search was coerced. Finding no reversible error, we affirm.

On appeal from an order granting or denying a motion to suppress, the evidence must be construed most favorably to support the trial court’s ruling. State v. Causey, 246 Ga. App. 829, 829-830 1 540 SE2d 696 2000. “Where 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.” Citation and punctuation omitted. Id. at 830 1. Further, a trial court’s findings of fact with regard to a motion to suppress are accepted as correct on appeal unless clearly erroneous, except in cases “where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented. . . .” Vansant v. State, 264 Ga. 319, 320 1 443 SE2d 474 1994.

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