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State v. Jones

Defendant's nervous behavior and her admission that she used drugs in the past did not provide probable cause to detain her until a supervising officer arrived on the scene.

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The state appeals from the trial court’s grant of Stephanie Jones’ motion to suppress items seized from her car and purse, contending that the motion did not satisfy the requirements of OCGA § 17-5-30 b, and that the search was supported by probable cause. We affirm the trial court’s decision.

1. The state contends that the motion to suppress should not have been considered by the trial court because it failed to state facts showing that the search and seizure were unlawful. The state alleges that, as a result of this deficiency, it was unaware of the grounds of the motion and was unable to adequately respond. This argument is without merit.

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