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The Statev.Vanlen Roshaud Preston

CourtCourt of Appeals of Georgia
Docket No.A18A1922
DecidedFebruary 19, 2019
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureSearch WarrantReversalEvidenceMurder & MayhemTales From the Crypt
Case Summary

Police observed Vanlen Roshaud Preston make several contacts at a gas station that an experienced narcotics officer believed resembled hand-to-hand drug transactions. When Preston opened his car to retrieve identification, an officer saw a firearm in plain view and believed Preston might be reaching for it. A search produced cash, drugs, paraphernalia, and a weapon. The trial court suppressed the evidence, finding no reasonable suspicion for the stop and no lawful basis for the search. The Court of Appeals reversed. The officer’s training and observations supplied reasonable suspicion for the investigative encounter. Looking into the vehicle while Preston retrieved identification was justified, and the firearm was lawfully observed in plain view. Once the officers saw the weapon together with the suspected drug activity, they had probable cause to believe the car contained contraband. The automobile exception therefore permitted the warrantless search, and the suppression order was reversed.

Opinion

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