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Barraco v. State

Defendant's explanation to police officer that he possessed rolling papers so he could smoke marijuana provided the officer with probable cause to search defendant.

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Following a jury trial in which the evidence was submitted by stipulated fact, Michael Barraco appeals his conviction of misdemeanor possession of marijuana. Barraco contends the trial court erred in denying his motion to suppress evidence of marijuana found during a search of his person, following a traffic stop. Barraco, who was initially stopped because of a defective headlight, contends the inquiry which followed his accidental display of rolling papers during his search for his driver’s license exceeded the scope of the initial search. He also contends that the officer failed to give him required Miranda warnings prior to searching him after he had told the officer that he used the rolling papers to smoke marijuana. We affirm.

An appellate court reviewing a trial court’s order on a motion to suppress evidence must accept the trial court’s decisions with regard to questions of fact and credibility unless they are clearly erroneous. The reviewing court must also construe the evidence most favorable to the upholding of the trial court’s findings and judgment and must not disturb the findings of the trial judge unless no evidence exists to support them.

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