Barrett v. State

Smith, Judge.

Following the denial of his motion to suppress, Stuart Barrett entered a conditional nolo contendere plea satisfying the requirements of Mims v. State, 201 Ga. App. 277, 278-279 (1) (410 SE2d 824) (1991), on one count of possession of cocaine. He appeals, asserting that the physical evidence to be used against him at trial was seized illegally from his person, and therefore the trial court erred in ruling that evidence admissible. We agree.

A hearing was held on Barrett’s motion, at which the following undisputed evidence was adduced. The Athens-Clarke County Police *746Department…