STATE v. SILVA

No. A03A1406.

587 S.E.2d 762 (2003)

263 Ga. App. 371

The STATE v. SILVA.

Court of Appeals of Georgia.

Reconsideration Denied September 25, 2003.


Attorney(s) appearing for the Case

Jason J. Deal, Dist. Atty., E. Paul Stanley, Asst. Dist. Atty., for appellant.

W. Bennett Gaff, Daniel A. Summer, Gainesville, for appellee.


ANDREWS, Presiding Judge.

The State appeals the trial court's grant of Edward Silva's motion to suppress the brick of marijuana found under the passenger seat of his car following a traffic stop for speeding. Because we conclude that the officer, having made a valid traffic stop for speeding, was properly conducting a limited search for weapons when he encountered the "plain smell" of marijuana, we reverse.

"[W...

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