State v. Holmes

Phipps, Judge.

The State appeals the trial court’s order granting Willie Holmes’s motion to suppress crack cocaine found in his possession during a warranted search of premises he was visiting. On appeal of an order concerning a motion to suppress, we must construe the evidence most favorably to upholding the trial court’s order. We affirm the trial court’s order because the search of Holmes was not justified to protect an officer or to prevent the disposal or concealment of drugs sought in the warrant.

The following evidence was presented at the motion to suppress hearing. On July 1,1998,…