Following the denial of his motion for new trial, appellant appeals his conviction of possession of cocaine with intent to distribute. OCGA § 16-13-30 (b). He contends that the court erred in denying his motion to suppress evidence.
At the hearing on the motion, City of Macon Police Officer Cotton testified that at approximately 4:00 p.m. on August 14, 1992, someone who had not provided information to him in the past informed him that a black male named Darrell Lamar and a second black male whose name was unknown were en route to the Westgate Mall in a blue Pontiac Bonneville; they were in possession of a large amount of crack cocaine; and they could be found in the parking lot of the mall.
Cotton and other officers then went to the mall and found the described vehicle parked at the entrance. Cotton observed three black
In searching for the weapons, Stone located a gun concealed in a towel between the front seats. He found another weapon underneath the driver’s seat. When the weapons were found, the three subjects were placed under arrest for carrying concealed weapons. Stone continued to search the vehicle and looked in a black bag on the front seat that could have been used as a receptacle for guns or knives. After unraveling some paper towels in the bag, he found 61 grams of crack cocaine.
In the order denying the motion to suppress, the court found that the police had obtained the information through a telephone call from a confidential informant. Citing Alabama v. White,
Appellant challenges the legality of the stop and search, as well as the court’s finding that the individual who called the police was a confidential informant.
1. Appellant argues that the caller was an anonymous tipster. However, the court’s contrary finding of fact must be accepted, as it is supported by the officer’s testimony and appellant has not demonstrated that it is clearly erroneous. See, e.g., Sampson v. State,
2. The investigatory stop was justified under Alabama v. White, supra. In that case, police received an anonymous tip that White would be leaving a certain apartment unit at a particular time in a described vehicle, that she would be going to a named motel, and that she would be in possession of about an ounce of cocaine inside a brown attache case. The police immediately proceeded to the apartment complex, saw the described vehicle in front of the building in which the unit was located, and observed White leave the building
A majority of the Supreme Court held that the police had reasonable suspicion under Terry v. Ohio,
In this case, unlike White, the information was provided to the police but rather by a known albeit untested confidential informant, not by an anonymous tipster. The tip thus had more indicia of reliability than an anonymous tip. Burse v. State,
3. Once appellant and Lamar stated that there were weapons in the passenger compartment and the officers ascertained that such weapons were concealed, a search for weapons was justified based on probable cause to believe that the suspects had committed the criminal offense of carrying concealed weapons. See OCGA § 16-11-126.
After the weapons were found and the suspects were placed under arrest, the police were additionally authorized to continue the search of the passenger compartment and containers found within it as incident to a lawful custodial arrest. Davis v. State,
Under Michigan v. Long, supra, where as here the police under
Judgment affirmed.