Legal Opinion

Clark v. State

Court of Appeals of Georgia

Decided May 19, 1993No. A93A0937, A93A0938PublishedCited by 31 opinions

1Opinion of the Court

Blackburn, Judge.

Appellants were jointly indicted with the offenses of trafficking in cocaine, possession of less than one ounce of marijuana and possession of a firearm during the commission of a felony. After evidentiary hearings, appellants’ motions to suppress were denied by the Bibb County trial court. Appellants’ applications for interlocutory appeal were granted. On appeal, both appellants contend that the trial court erred in denying their motions to suppress. We agree, as this was clearly a pretextual stop of a rental vehicle and a constitutionally impermissible search of appellant…

2Cases cited5 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Tarwid v. StateCourt of Appeals of Georgia · 1987
  3. Evans v. StateCourt of Appeals of Georgia · 1987
  4. Huff v. StateCourt of Appeals of Georgia · 1992
  5. State Farm Mutual Automobile Insurance v. AinsworthCourt of Appeals of Georgia · 1991

3Cited by31 opinions

  1. Hudson v. HallCourt of Appeals for the Eleventh Circuit · 2000
  2. Bowers v. StateCourt of Appeals of Georgia · 1996
  3. State v. JonesCourt of Appeals of Georgia · 1994
  4. Ellerbee v. StateCourt of Appeals of Georgia · 1994
  5. State v. GoodmanCourt of Appeals of Georgia · 1996

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