Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Duncan v. State

Court of Appeals of Georgia

March 18, 2015

DUNCAN
v.
THE STATE

Page 330

Cert. applied for.

Motion to suppress. Clayton Superior Court. Before Judge Carter.

T. Bryan Lumpkin, for appellant.

Tracy Graham-Lawson, District Attorney, Elizabeth A. Baker, William F. Carter III, Assistant District Attorneys, for appellee.

MILLER, Judge. Doyle, P. J., concurs. Dillard, J., concurs in judgment only.

OPINION

Page 331

Miller, Judge.

Lisa Smoak Duncan was charged with possession of methamphetamine (OCGA § 16-13-30 (a)), possession of drug-related objects (OCGA § 16-13-32.2 (a)), and speeding (OCGA § 40-6-181). Duncan filed a motion to suppress the drugs seized from her car after a traffic stop, arguing that the officer detained her beyond the time necessary to issue the speeding ticket. Following a hearing, the trial court denied Duncan's motion to suppress and her motion for reconsideration, but instead issued a certificate for immediate review. We granted Duncan's application for interlocutory review, and this appeal ensued. For the reasons that follow, we reverse the trial court's ruling.

[There are] three fundamental principles which must be followed when conducting an appellate review of a trial court's ruling on a motion to suppress. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support them. Second, the trial court's decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court's findings and judgment. These principles apply equally whether the trial court ruled in favor of the State or the defendant.

( Citations and punctuation omitted.) Brown v. State, 293 Ga. 787, 802-803 (3) (b) (2) (750 S.E.2d 148) (2013). The trial court's application [331 Ga.App. 255] of the law to undisputed facts is subject to de novo review. See State v. Palmer, 285 Ga. 75, 78 (673 S.E.2d 237) (2009).

Viewing the record in the light most favorable to the trial court's ruling, the evidence shows that on the evening of October 10, 2013, a Clayton County sheriff's office deputy observed Duncan driving at approximately 85 miles per hour on Interstate 75, where the speed limit is 65 miles per hour. The officer stopped Duncan for speeding, approached Duncan's car, advised her of the reason for the stop, and asked for her license. Duncan gave the officer her license and appeared nervous, shifting around in her seat and looking

Page 332

away. The officer went back to his patrol car, where he wrote up a speeding citation and ran Duncan's license information. Dispatch advised the officer that Duncan's license was clear and that she was on probation. Dispatch, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.