Luke v. State

• Decision Date: 21 May 1974
• Docket Number: No. 3,No. 49300,49300,3
• Citation: 207 S.E.2d 598,132 Ga.App. 129
• Parties: Robert N. LUKE v. The STATE
• Court: Georgia Court of Appeals

Page 598

207 S.E.2d 598

132 Ga.App. 129

Robert N. LUKE v. The STATE.

No. 49300.

Court of Appeals of Georgia, Division No. 3.

May 21, 1974.

Rehearing Denied June 14, 1974.

Moulton, Carriere, Cavan & Maloof, J. Wayne Moulton, Decatur, for appellant.

William H. Ison, Dist. Atty., Clarence L. Leathers, Jr., Jonesboro, for appellee.

Syllabus Opinion by the Court

PANNELL, Presiding Judge.

1. Considering the affidavit of the officer and his further sworn testimony before the issuing magistrate, the evidence was sufficient under the rulings in Campbell v. State, 226 Ga. 883, 178 S.E.2d 257; Johnston v. State, 227 Ga. 387, 181 S.E.2d 42, and Moore v. State, 130 Ga.App. 184, 202 S.E.2d 555, to authorize the issuance of the search warrant. The lower court did not err in overruling the motion to suppress the evidence obtained in the search.

2. The evidence in the record shows that subject's automobile was stopped for speeding and a case was made for expired inspection sticker. One of the officers observed some green leafy material and what appeared to him to be marijuana seed in the back floorboard and seat of the car, which was in plain sight through the open door of the car. The officer instructed the subject as to his constitutional rights. Permission was given by defendant to search the trunk of the car; in fact defendant himself opened same. A small amount of marijuana was found in the trunk.

Under the rulings in Connor v. State, 130 Ga.App. 74, 202 S.E.2d 200; Touchstone v. State, 121 Ga.App. 602, 174 S.E.2d 450; Ferguson v. State, 218 Ga. 173(8), 126 S.E.2d 798, and Young v. State, 113 Ga.App. 497, 148 S.E.2d 461, the evidence obtained was admissible and the judge did not err in overruling the motion to suppress.

Judgment affirmed.

EVANS and WEBB, JJ., concur.