State v. Lowe

Barnes, Judge.

The State of Georgia appeals the trial court’s grant of Robert Lowe’s motion to suppress evidence. OCGA § 5-7-1 (a) (4). The State contends the trial court erred by granting the motion because Lowe lacked standing to challenge the search, the search was incident to a lawful arrest, and the items seized were in plain view. For the reasons that follow, we reverse.

Viewed in the light most favorable to the verdict, the evidence shows that police officers responded to a suspicious persons call at a pharmacy. The officers arrived at the scene and began surveillance of Lowe and his…