State v. Folk

Smith, Judge.

The State appeals the trial court’s order granting Gregg Erin Folk’s motion to suppress marijuana seized from the passenger compartment of his car. Because the trial court erred in concluding that the officer’s initial approach to Folk’s vehicle was impermissible as not based upon articulable suspicion, we reverse. We also conclude that, under the circumstances presented here, the odor of burning marijuana provided sufficient probable cause for a search of Folk’s car.

The facts of the stop and search are not disputed. On June 28, 1997, at approximately 12:50 a.m., a Gwinnett…