State v. Aguirre

McMurray, Presiding Judge.

Defendant Aguirre stands indicted for a violation of the Georgia Controlled Substances Act, possession of more than one ounce of marijuana with intent to distribute. The State appeals the grant of defendant’s motion to suppress evidence. Held:

The only testimony presented at the motion to suppress hearing was that of a sheriff’s deputy who had stopped a pickup truck driven by defendant. The deputy testified that just past midnight he observed a pickup truck traveling on an interstate highway at well below the posted speed limit. The pickup truck was traveling only 49…