Berry v. State

PHIPPS, Presiding Judge.

Michael Berry appeals his conviction for possession of a firearm by a convicted felon, contending that the trial court should have suppressed the firearm evidence as the fruit of an illegal search of the car he had been driving. Because the record authorized the trial court’s determination that the search was pursuant to Berry’s consent, 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…