Legal Opinion

Ponce v. State

Court of Appeals of Georgia

Decided January 26, 2005No. A04A1856PublishedCited by 4 opinions

1Opinion of the Court

Phipps, Judge.

Hector Ponce was charged with trafficking in cocaine after police found more than 400 grams of it hidden in a load of watermelons in his tractor-trailer. Ponce moved to suppress the cocaine, arguing that it had been discovered during an illegal stop and search of his vehicle. The trial court heard the motion in conjunction with a bench trial, denied the motion, and found Ponce guilty as charged. He appeals, and we reverse because the stop violated his Fourth Amendment rights.

In reviewing a trial court’s ruling on a motion to suppress, we construe the evidence most favorably to…

2Cases cited16 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. New York v. BurgerSupreme Court of the United States · 1987
  4. United States v. FortCourt of Appeals for the Fifth Circuit · 2001
  5. State v. LandrumOhio Court of Appeals · 2000

11 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. United States v. Ponce-AldonaCourt of Appeals for the Eleventh Circuit · 2009
  2. State v. PonceSupreme Court of Georgia · 2005
  3. Ponce v. StateCourt of Appeals of Georgia · 2006
  4. TUNALI v. StateCourt of Appeals of Georgia · 2011

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