WILSON v. STATE

No. A04A2260.

612 S.E.2d 311 (2005)

272 Ga. App. 291

WILSON v. The STATE.

Court of Appeals of Georgia.

March 18, 2005.


Attorney(s) appearing for the Case

David Clark, Clark & Towne, P.C., Lawrenceville, for appellant.

Daniel Porter, District Attorney, Stephen Fern, Assistant District Attorney, Matthew Crosby, Assistant District Attorney, for appellee.


RUFFIN, Chief Judge.

Carter Wilson was charged with possessing marijuana with intent to distribute. He moved to suppress evidence of the marijuana, arguing inter alia that the police officer conducted an unlawful pat-down search. The trial court denied the motion, and we granted Wilson's application for interlocutory appeal. For reasons that follow, we reverse.

"Where the evidence on a motion to suppress is uncontroverted and credibility is not an issue, we...

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