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Kantorik v. State

The officers had probable cause to stop the defendant's vehicle based on a reliable informant's description and the clear plastic bag containing methamphetamine which was in plain view on the floorboard of the passenger seat where the defendant was sitting.

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After a bench trial based in part on stipulated facts, Ronald Kantorik was convicted of trafficking in methamphetamine and obstruction of an officer. On appeal Kantorik argues that the trial court erred in denying his motion to suppress, and that the evidence was insufficient to support his trafficking conviction. We affirm.

The undisputed evidence showed that officers received information from a confidential informant that a white male with the first name of Ron would be transporting from Henry County, Georgia to a restaurant in Clayton County, Georgia one-half pound of methamphetamine in a red Mazda vehicle with a dealer drive-out tag. In addition to providing a physical description of Ron, the informant further relayed to officers that Ron would be the passenger in the vehicle and that a named white female would be the driver. Based on this information, and after a phone call from the informant stating that the vehicle had arrived at the restaurant, officers stopped the vehicle despite Kantorik telling the driver not to stop and asked the driver for her driver’s license and proof of insurance. While the officer was speaking with the driver, Kantorik fled. On the floorboard of the passenger side of the vehicle officers observed, in plain view, a clear plastic bag containing what was later determined to be 0.52 pounds of methamphetamine.

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