Maxwell v. State

Blackburn, Judge.

Harvey Wilburn Maxwell was convicted by a jury of a violation of the Georgia Controlled Substances Act for his possession of cocaine. Maxwell appeals the trial court’s denial of his motion to suppress the evidence.

On appeal, Maxwell first argues that the search of his person exceeded the scope allowed under Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) (1968). In the absence of consent, we would agree. However, the State contended and the trial court agreed that Maxwell consented to the search of his person. “Consent searches are valid but where the State relies upon…