Harris v. State

Mercier, Judge.

Following a bench trial, Alfred Harris, Jr. was convicted of driving under the influence of alcohol. Harris appeals his conviction, contending that the trial court erred in denying his motion to suppress. For the reasons that follow, we reverse.

"The State bears the burden of proving that both the search and seizure of evidence were lawful." Lucas v. State , 284 Ga. App. 450, 451, 644 S.E.2d 302 (2007) (citation and punctuation omitted). "When the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review…