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Griffie v. State

Defendant's own actions during a valid traffic stop drew the officer's attention to defendant's belt area where the officer saw a plastic bag containing cocaine.

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Colin Griffie was indicted for trafficking in cocaine and moved to suppress the cocaine discovered on his person by police. The evidence revealed that police saw a small amount of cocaine on Griffie’s person in plain view, so the trial court held that the subsequent arrest and search of Griffie were valid and denied the motion. In a bench trial police testified that they found 29.3 grams of cocaine in Griffie’s underwear, and the trial court convicted Griffie of trafficking in cocaine.1 Griffie appeals the denial of his motion to suppress, arguing that police were without authority to remove the small amount of cocaine from his person that led to his arrest and search. He contends further that the admission of any contraband at his bench trial was error.

In reviewing a trial court’s order on a motion to suppress, we are guided by three principles:

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