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Rivera v. State

A drug dog's detection of cocaine in defendant's luggage and defendant's questionable behavior supported the issuance of a warrant to search defendant's bag.

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A Clayton County jury convicted Laureano Miguel Rivera of trafficking in cocaine. On appeal, he claims that the trial court erred in denying his motion to suppress and that the evidence was insufficient to support his conviction. We disagree and affirm.

Construed to support the verdict, the evidence shows that Rivera arrived in the Atlanta airport on May 4, 1998 on a flight from Puerto Rico. After disembarking, he did not follow the other passengers but began wandering aimlessly in the seating area next to the gate. Two Clayton County police officers, Rick Webster and J.J. Stubbs, had been informed that Mr. Rivera would be on the flight. The officers were dressed in plain clothes, with no weapons visible. They approached Rivera from behind, and one officer said, “Excuse me, sir, I’m a police officer. Can I talk to you for a minute.” Rivera turned and responded, “Yes,” in English, but when the officers asked him if he spoke English he smiled and responded in English that he did not. Rivera told the officers, through an interpreter, that he was in Atlanta for personal reasons and that he was employed as a construction worker. Officer Webster asked to see the palms of Rivera’s hands, and he saw that they were smooth and free of callouses. At this point, Rivera began to appear very nervous; his hands shook and he began to sweat.

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