State v. Bute

Blackburn, Chief Judge.

Following the trial court’s grant of Victor Albert Bute’s motion to suppress marijuana found in his automobile, the State appeals, contending that the arresting officer properly stopped Bute’s truck to investigate a violation of OCGA § 40-6-242 (a). For the reasons outlined herein, we reverse.

“When we review a trial court’s decision on a motion to suppress, the evidence is construed most favorably to uphold the findings and judgment of the trial court; the trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous and will not…