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Bennett v. State

The officer impermissibly prolonged the traffic stop that he initiated based on his observation that the truck in which the defendant was riding did not have a rear bumper, thus the trial court should have suppressed the methamphetamine the officer seized from the defendant's pocket.

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Adam Bennett appeals from the trial court’s denial of his motion to suppress methamphetamine seized during a traffic stop. For reasons that follow, we conclude that the trial court erred in denying the motion, and therefore we reverse.

“In reviewing a trial court’s decision on a motion to suppress, we construe the evidence most favorably to uphold the findings and judgment, and the trial court’s findings on disputed facts and credibility of the witnesses are adopted unless they are clearly erroneous. Further, because the trial court is the trier of fact, its findings will not be disturbed if any evidence supports them; but the court’s application of the law to undisputed facts is reviewed de novo.” Lewis v. State, 323 Ga. App. 709, 710 747 SE2d 867 2013.

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