STATE v. BIBBINS

No. A04A1305.

609 S.E.2d 362 (2004)

271 Ga.App. 90

The STATE v. BIBBINS.

Court of Appeals of Georgia.

Reconsideration Denied December 16, 2004.


Attorney(s) appearing for the Case

William T. McBroom, District Attorney, Thomas J. Ison, Kr., Assistant District Attorney, for appellant.

Virgil Brown, Eric Hearn, Ronald Ellington, Virgil L. Brown & Associates, Square Zebulon, for appellee.


ELDRIDGE, Judge.

The State appeals from an order granting Stephen Ralph Bibbins' motion to suppress drugs found pursuant to an alleged consent search conducted during the course of a valid traffic stop. The trial court did not make a factual finding about whether consent was actually obtained. Instead, the court determined that the detaining officer "exceeded the scope" of the traffic stop in asking for consent to search for drugs; thus, Bibbins' consent, if any,...

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