State v. Bishop

Benham, Judge.

This appeal is from the trial court’s grant of a motion to suppress evidence against appellee, who was arrested for possessing alcohol while under age. OCGA § 3-3-23. The State argues that the evidence was not obtained in violation of appellee’s rights. The evidence produced at the hearing on the motion was as follows: Appellee was a passenger in a vehicle that was stopped by a police officer for a mal functioning rear light. After a brief investigation, the driver was arrested for D.U.I. While he was out of the range of appellee’s hearing, the driver asked the officer if…