Morgan v. State, 309 Ga. App. 740

Morgan is front-seat passenger in a Hyundai stopped by police in a subdivision on December 14, 2008, during a residential burglary patrol.
The officer observed the Hyundai back out, travel toward the subdivision entrance/exit, and turn out without signaling, within a few seconds of pursuing it.
The Hyundai was followed to a stop at a line of vehicles; a strong odor of raw marijuana emanated from the car when the window was opened.
A search yielded marijuana, other controlled substances, and firearms; Morgan was charged with possession with intent to distribute and possession of a firearm during a crime.
Morgan moved to suppress the evidence, arguing the stop was unconstitutional; the trial court denied the motion, finding probable cause to believe a signaling violation occurred.
On appeal, the Georgia Court of Appeals focused on whether the stop was lawful at inception, concluding probable cause supported the stop and affirming the convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Lawfulness of stop at inception	Morgan contends there was no probable cause for the signaling violation.	State argues officer had probable cause to believe a traffic offense occurred.	Stop justified by probable cause; suppression denied.

Beck v. Ohio, 379 U.S. 89 (1964) (probable cause standard in seizures)
Whren v. United States, 517 U.S. 806 (1996) (pretextual stop; probable cause governs traffic stops)
Miller v. State, 288 Ga. 286 (2010) (timeline for reviewing suppression rulings; trier of fact standard)
Tate v. State, 264 Ga. 53 (1994) (deference to trial court findings; standard of review for suppression)
Vansant v. State, 264 Ga. 319 (1994) (probable cause with respect to initial traffic stops; standard of review)
McKenzie v. State, 208 Ga.App. 683 (1993) (probable cause may be shown by circumstantial evidence)