State v. Mauerberger

Ellington, Judge.

Pursuant to OCGA§ 5-7-1 (a) (4), the State appeals from an order of the Lowndes County State Court granting Stuart H. Mauerberger’s motion to suppress marijuana evidence found in his car pursuant to a consent search carried out during a traffic stop. Because the state court’s decision was based upon a misapplication of the law, we must reverse.

“When we review a trial court’s decision on a motion to suppress, the evidence is construed most favorably to uphold the findings and judgment of the trial court; the trial court’s findings on disputed facts and credibility are adopted…