State v. Medders

I would affirm the trial court’s order granting Medders’ motion to suppress.

*683This court has held many times that "any evidence” will support a trial court’s denial of a motion to suppress. For reasons set forth in my dissenting opinion in Jones v. State, 146 Ga. App. 88 (245 SE2d 449) (1978), I believe the "clearly erroneous” test is the proper standard of review. However, even assuming that the "any evidence” rule provides an appropriate standard of review in the case of a denial of a motion to suppress, it is inconceivable that a different standard applies where the grant of a motion to…