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Clark v. State

Officers, acting on information they personally observed and information relayed to them by an undercover officer, were justified in stopping and searching car in which defendant was a passenger.

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Following a bench trial, Christopher Clark was found guilty of possession with the intent to distribute marijuana. He challenges the denial of his motion to suppress three pounds of marijuana found after the car in which he was a passenger was impounded. Because the officers were justified in stopping the car and arresting Clark and the driver of the car, Clark’s challenge lacks merit.

The evidence shows that an undercover narcotics officer was inside a house purchasing a large quantity of marijuana while several other officers were watching the outside of the house. The individual selling the marijuana informed the officer that someone would be arriving soon with the marijuana. Five minutes later the undercover officer saw car lights through the window, and the seller stated, “here he is” and then went outside.

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