STATE v. JENNINGS

No. A12A1598.

733 S.E.2d 522 (2012)

The STATE v. JENNINGS.

Court of Appeals of Georgia.

October 26, 2012.


Attorney(s) appearing for the Case

Peter J. Skandalakis , Robert Nicholas Peterkin for appellant.

Virgil L. Brown , Jason W. Swindle , Carrolton, for appellee.


McFADDEN, Judge.

The state appeals from the trial court's order granting a motion to suppress evidence seized after an unlawful arrest. Because the evidence presented at the suppression hearing supports that trial court's finding that the arresting officer did not have probable cause to suspect the defendant of driving under the influence of alcohol to the extent that he was a less safe driver, trial court's decision is not clearly erroneous and we affirm.

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