STATE v. ROUSE

No. A11A0469.

710 S.E.2d 670 (2011)

309 Ga. App. 536

The STATE, v. ROUSE.

Court of Appeals of Georgia.

May 6, 2011.


Attorney(s) appearing for the Case

Layla Hinton Zon , Dist. Atty., Candace Kicklighter Slezak , Asst. Dist. Atty., for appellant.

Careton Ray Matthews , Stone Mountain, for appellee.


SMITH, Presiding Judge.

The State appeals from the trial court's grant of Jemeril Rouse's motion to suppress marijuana found in his vehicle following a traffic stop. Because the trial court employed an incorrect legal standard, we vacate the judgment and remand this case.

There are three fundamental principles which must be followed when reviewing a motion to suppress.

First, when a motion to suppress is heard by the trial judge, that judge sits as...

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