Sims v. State

PHIPPS, Presiding Judge.

Kenneth Sims was convicted of cocaine trafficking after the drug was found during a search of his car, which had been stopped by police. Challenging his conviction, Sims contends that the trial court erred by denying his motion to suppress the drug evidence. We affirm.

In Tate v. State, 1 the Supreme Court of Georgia discussed three fundamental principles which must be followed when conducting an appellate review of an order ruling upon a motion to suppress. 2

First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial…