State v. Medders

Quillian, Presiding Judge.

The state appeals from the grant of the defendant’s motion to suppress evidence seized at the time of his arrest. Held:

Officer Cox of the Atlanta Police Department observed the defendant and another person leave the back of a restaurant, light up a cigarette and then "they started passing it back and forth between” them. The officer detected the odor of burning marijuana. He moved closer and confirmed his opinion that the odor was that of marijuana. At that point the defendant and his companion saw the officer and the defendant "crunched [the cigarette] with his…