Martin v. State

Adams, Judge.

James W. Martin, Jr., appeals the trial court’s order denying his motion to suppress evidence seized from his truck. For the following reasons, we reverse.

The proper standard of review was recently reiterated by the Supreme Court:

[W]hen a motion to suppress is heard by the trial judge, that judge sits as the trier of facts____[T]he trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous____[T]he reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment. [Cit.]…