Ponce v. State

Phipps, Judge.

We reversed Hector Ponce’s cocaine trafficking conviction on the ground that the trial court should have suppressed the evidence that the police found during a warrantless search of his commercial truck. The Supreme Court vacated our judgment and remanded the case for us to consider whether any state rules and regulations that were promulgated under the Georgia Administrative Procedure Act (“APA”) 2 and that concern safety inspections of commercial vehicles could provide a constitutionally adequate substitute for a warrant. 3 On remand, the state relies on two transportation…