Durden v. State

Andrews, Judge.

Pursuant to a search warrant, Spalding County police officers found approximately one pound of marijuana at the residence of David Durden and Penny Durden. At a bench trial both were convicted of violations of the Georgia Controlled Substances Act. The Durdens claim that the trial court erred by failing to grant their motion to suppress the evidence found in the search.

The events that led to the search of the Durdens’ residence began on Interstate Highway 75 in Henry County, Georgia. A Georgia Bureau of Investigation agent was traveling on Interstate 75 in his unmarked vehicle,…