motion to suppress - Marietta Attorneys Dean Phillips Law Office

Motion to Suppress Evidence

August 30, 2016 No Comments

The Georgia Court of Appeals upheld a Cobb County conviction involving drug trafficking after rejecting a motion to suppress evidence based on an allegedly unlawful search.

The defendant was stopped for a cracked taillight and broken lens. After giving a false name and date of birth, officers lawfully arrested him and discovered methamphetamine, cash, and paraphernalia in the vehicle. The defendant attempted to flee but was apprehended shortly afterward.

The Court ruled that the initial stop was lawful, the arrest was valid, and the evidence obtained during the search was admissible. This decision reaffirms that when a traffic stop is initiated for a legitimate reason, evidence discovered during the process can support criminal convictions.

The ruling serves as a reminder of how traffic stops can quickly escalate into serious felony charges—and why having an experienced Cobb County criminal defense attorney is essential when challenging evidence in Georgia courts.

Time Taken for Drug-Sniffing Dog Not Enough to Block Motion to Suppress

August 1, 2016 No Comments

The Supreme Court of Georgia ruled that a drug-sniffing dog’s involvement in a traffic stop did not violate the defendants’ Fourth Amendment rights, reversing earlier decisions from the trial and appellate courts.

The case began after police stopped two men for a lane change violation. During a routine identity check, the officer’s K-9 unit detected drugs, leading to the discovery of nearly ten pounds of marijuana. The defendants argued that the stop was unlawfully prolonged while waiting for dispatch to verify an out-of-state license.

Georgia Appeals Court Determines Sufficient Probable Cause for Search Warrant

July 12, 2016 No Comments

The Georgia Court of Appeals upheld the Bartow County conviction of Tyrone Johnson, who was found guilty of trafficking in cocaine and possession with intent to distribute.

Johnson argued that the search warrant affidavit lacked sufficient information to prove a confidential informant’s reliability and credibility. The trial court denied his motion to suppress the evidence, leading to an appeal.

Supreme Court of Georgia Defines Sufficient Evidence for Child Pornography in Search Warrant

May 25, 2016 No Comments

The Supreme Court of Georgia recently reversed a decision by the Court of Appeals regarding a child pornography investigation, finding that the search warrant affidavit used in the case lacked sufficient probable cause.

The case involved Michael S. Shirley, whose home was searched after an FBI Task Force received information from German authorities. While the Gwinnett Superior Court originally denied Mr. Shirley’s Motion to Suppress, believing the warrant to be valid, the Georgia Supreme Court found the affidavit supporting the warrant too vague to justify a lawful search.

Motion to Suppress DUI Breathalyzer Results in a Georgia State Court

May 10, 2016 No Comments

The Georgia Court of Appeals overturned a Cherokee County State Court decision that had previously suppressed the results of a DUI breathalyzer test.

In the original ruling, the trial court found that defendant Scott Depol was too impaired to voluntarily consent to testing, despite having probable cause for arrest. However, upon review of the police video footage, the Appeals Court concluded otherwise.

Court of appeals strikes down motion defining arrest

May 5, 2016 No Comments

The Georgia Court of Appeals provided important clarification on what constitutes a lawful arrest and articulable suspicion in a recent case involving Michael Williams.

Police received a tip linking Mr. Williams to a theft and approached him for questioning at his home. When informed of the suspicion, Mr. Williams fled the scene, prompting the officer to order him to stop. His failure to comply led to an obstruction of justice charge.