Pursuant to a search warrant, Spalding County police officers found approximately one pound of marijuana at the residence of David Durden and Penny Durden. At a bench trial both were convicted of violations of the Georgia Controlled Substances Act. The Durdens claim that the trial court erred by failing to grant their motion to suppress the evidence found in the search.
The events that led to the search of the Durdens’ residence began on Interstate Highway 75 in Henry County, Georgia. A Georgia Bureau of Investigation agent was traveling on Interstate 75 in his unmarked vehicle, and approached the Durdens’ vehicle traveling in the same direction. As he pulled alongside to pass, he saw a passenger in the rear seat take a puff from what appeared to be a marijuana cigarette. The agent maintained his position and observed the rear seat passenger place a hand-rolled cigarette to his mouth, take a breath and hold it in, and then pass the cigarette to Penny Durden in the front seat. The agent, who had been assigned to narcotics work for at least five years, based on these observations and his experience in observing the use of marijuana, stopped the Durdens’ vehicle to investigate his suspicions. According to the agent, the following events and colloquy transpired at the stop: The driver, David Durden, got out of the vehicle and gave the agent his driver’s license.
“GBI agent: I saw you guys smoke a joint.
“Mr. Durden: Yes Sir.
“GBI agent: Give it to me please.”
. Mr. Durden walked to the vehicle, got the marijuana cigarette from Mrs. Durden, and gave it to the agent. Not knowing if the appellants had more contraband, the agent decided to try a bluff, and said, “That’s not all you have. Let’s have the rest of it.”
Mr. Durden produced another marijuana cigarette from under the sun visor of the vehicle. The agent then continued his questioning.
“GBI agent: Are you sure this is all you have?
“Mr. Durden: Yes sir, that’s all we have.
“GBI agent: In this case you don’t mind if I look in your car do you?
“Mr. Durden: No sir.”
The agent then removed a camera bag from the rear seat of the vehicle, asked for permission to open it and receiving no response, opened it and discovered over one pound of suspected marijuana. At that point he placed the Durdens and the passenger under arrest.
Thereafter, the Durdens were read their rights against self-incrimination and transported to the sheriff’s department, where they *398 signed a written waiver of their rights. A standard inventory search of the vehicle by the sheriff’s department prior to impoundment revealed another pound of marijuana in the trunk of the car. The Durdens gave statements regarding the marijuana in the vehicle, and, in response to further questioning, stated that they had a small quantity of marijuana at their residence in another county. After they refused to consent to a search of their residence, this information was used to obtain a search warrant for the residence. In executing the warrant, police officers found just under one pound of marijuana hidden in and around the residence.
The gravamen of the Durdens’ contentions is that the evidence gathered at the residence should be suppressed as the fruits of the earlier illegal stop, search and arrest. We disagree. Based on his observations and experience, the GBI agent formed an articulable suspicion sufficient to stop the Durdens and investigate whether they were in possession of marijuana.
Terry v. Ohio,
As an exception to the warrant requirements of the Fourth Amendment, police may conduct a warrantless search of an automobile when such facts and circumstances exist as would lead a reasonably prudent person to believe the automobile contained contraband.
Carroll v. United States,
After the initial stop and search of the vehicle, the Durdens were arrested and given the
Miranda
warnings. They waived those rights and voluntarily elected to give statements and respond to custodial questioning. See
Askew v. State,
The Durdens’ version of the events was that the residence search was tainted by an illegal initial stop and coercive police conduct during their custodial questioning. On appeal we must accept the resolution of factual disputes, credibility and inconsistencies between the testimony of witnesses made by a trial judge at a suppression hearing, unless such determinations are clearly erroneous.
State v. Louis,
Judgment affirmed.
Notes
The GBI agent did not arrest the Durdens at that point, but delayed the arrest and continued questioning for the admitted purpose of establishing more evidence of guilt, before he finally arrested the Durdens and gave them the warnings required by
Miranda v. Arizona,
Since the search was valid on probable cause grounds, we do not reach the issue of whether Mr. Durden consented to the search by giving the agent permission to “look in [his] car.” Compare
State v. Diaz,
