State v. Rivers

Banke, Judge.

The defendant was accused of possession of marijuana. The trial court sustained his motion to suppress the contraband, from which order the state appeals.

During the evening of March 21, 1976, two uniformed police officers were in an unmarked van watching an Atlanta parking lot for CB radio thieves. As they observed, the defendant entered a car after looking around, lay on the front seat, fumbled under the seat, left the car, and again cautiously looked around. The police approached the defendant, checked his registration, determined that the automobile in question belonged to…