Brown v. State
Decision Date | 06 September 1988 |
Docket Number | No. 76439,76439 |
Citation | 188 Ga.App. 184,372 S.E.2d 514 |
Parties | BROWN v. The STATE. |
Court | Georgia Court of Appeals |
Marcus R. Morris, Dalton, Robert W. Ritchie, for appellant.
Jack O. Partain III, Dist. Atty., Kermit N. McManus, Asst. Dist. Atty., for appellee.
Defendant was charged by indictment with trafficking in cocaine and improper lane usage. Following his conviction of trafficking in cocaine (and acquittal on the traffic charge), defendant appeals. Held:
Defendant's sole enumeration of error raises the denial of his motion to suppress evidence. The relevant facts as determined by the trial court and set forth in its "findings of fact" show that: "The felony charge of Trafficking in Cocaine arises from a search and seizure of alleged contraband contained in an automobile on the 8th day of October, 1986. The search and seizure was conducted by Deputy Sheriff Howell of the Whitfield County Sheriff's Department.
"Deputy Howell became aware of this activity and attended part of a local training session conducted by one of the state troopers and began to copy or imitate the state troopers and use the 'profile.' "Deputy Howell was assigned to the Sheriff's DUI [Driving Under the Influence] Task Force and his duties dealt with the enforcement of traffic laws and particularly DUI offenses. Part of his normal patrol area included the interstate highway in Whitfield County.
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