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Dickson v. State

The officer had reasonable suspicion to stop and frisk the defendant for weapons after he observed the defendant pass a large plastic bag between two vehicles parked in a known drug area.

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Leslie Dickson appeals his convictions, following a bench trial, of violating the Georgia Controlled Substances Act and obstructing a police officer. Dickson contends that the trial court erred in denying his motion to suppress claiming that the arresting officer had no authority to conduct a pat-down of his person. Because the trial court’s determination that the arresting officer’s pat-down was reasonably justified is not clearly erroneous, we affirm.

When an appellate court reviews a trial court’s order concerning a motion to suppress evidence, 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 it.

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