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Shaw v. State

The State failed to establish that the impoundment of the defendant's vehicle was valid and that the inevitable discovery rule was applicable to the denial of his motion to suppress.

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Dustin Wade Shaw was indicted for one count of felony possession of marijuana with the intent to distribute OCGA § 16-13-30 j and one count of misdemeanor possession of drug related objects OCGA § 16-13-32.2. The trial court denied Shaw’s motion to suppress the evidence taken from the glove compartment of his vehicle, two baggies of marijuana and a set of digital scales, but granted an immediate review of that ruling. We granted Shaw’s motion for an interlocutory appeal. On appeal, Shaw contends that the denial of his motion to suppress was error because the trial court’s finding that the impoundment and inventory search of his vehicle was clearly erroneous, foreclosing the applicability of the inevitable discovery rule.1 We agree and reverse.

When reviewing a trial court’s order on a motion to suppress, the appellate court should be guided by three principles with regard to the interpretation of the trial court’s judgment of the facts. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support them. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.

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