Legal Opinion

State v. Miller

Court of Appeals of Georgia

Decided August 20, 2009No. A09A1005PublishedCited by 4 opinions

1Opinion of the Court

ANDREWS, Presiding Judge.

The State appeals from the trial court’s order granting Ashaunte Miller’s motion to suppress the crack cocaine found in his pants pocket during a pat-down search. Because the trial court erred in holding that officers did not have reasonable articulable suspicion to justify a Terry stop of defendant Miller, we reverse.

In ruling on a motion to suppress, the trial court’s findings as to disputed facts are reviewed to determine whether the ruling was clearly erroneous. Vansant v. State, 264 Ga. 319, 320 (443 SE2d 474) (1994). “[Wjhere the evidence is uncontroverted and…

2Cases cited11 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. ArvizuSupreme Court of the United States · 2002
  3. Vansant v. StateSupreme Court of Georgia · 1994
  4. McClain v. StateCourt of Appeals of Georgia · 1997
  5. Black v. StateCourt of Appeals of Georgia · 2006

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

3Cited by4 opinions

  1. Miller v. StateSupreme Court of Georgia · 2010
  2. Miller v. StateSupreme Court of Georgia · 2010
  3. Miller v. StateSupreme Court of Georgia · 2010
  4. Miller v. StateCourt of Appeals of Georgia · 2011

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