Willie Watson was convicted of possession of cocaine, and he appeals.
Construing the evidence to support the verdict, the record reveals that Officеr B. Martin of the Atlanta Police Department observed a new red Mercury Topaz аutomobile with a dealer drive-out tag pull up at a gasoline station. The fact that thе vehicle had a drive-out tag rather than a metal license tag aroused his suspicion, because the police “had been having a lot of cars with dealer drive-out tags that came back to be stolen,” and he approached the car and asked the driver for his driver’s license. The driver, Gene Jewell, stated he did not have one. Officеr Martin testified that at that point he noticed the passenger, later identified as aрpellant, start fumbling, as though he were concealing something beside the passenger sеat. Officer J. Goines of the Atlanta Police Department, who had driven up while Officer Mаrtin was talking to the driver, also noticed appellant appear to put something under the seat of the car. Officer Martin called to Officer Goines to watch the passenger, and Goines got out of his car and opened the passenger door of the Topaz. When the door was opened, a small plastic bag, containing ricе and several cellophane wrapped packets of white powder, later identified as cocaine, was in plain view. The two officers arrested appellant and Jewell and performed an inventory search of the car, where anоther bag of cocaine was found. Jewell entered guilty pleas to possession оf cocaine and possession of less than an ounce of marijuana, which was fоund on his person.
Appellant contends the trial court erred by denying his motion to supprеss evidence seized in the search of the vehicle because the police had no valid reason to stop the car. Appellant argues that neither he nor Jеwell was doing anything illegal or suspicious when stopped, and the fact that the vehiclе bore a dealer drive-out tag was insufficient to create the articulable suspicion necessary to authorize even a brief stop under
Terry v. Ohio,
In this case the police had specific knowledge that many cars with drive-out tags turned out to have been stolen, and thus the suspicion еngendered by the drive-out tag was more than an “unparticularized suspicion or ‘hunch.’ ”
Terry,
supra at 27. It was an “objective
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manifestation that the personfs] stopped [may be] . . . engaged in criminal activity. [Cits.]”
United States v. Cortez,
Once the car had been stopped, both Officer Martin and Officer Goines observed appellant reach down beneath or to the side of the passenger seat. Officer Goines testified that he did not know if a weapon was being concealed. Reasonably prudent police officers in those circumstances would have been warrantеd in believing that a weapon might have been concealed, thus placing their safеty in danger.
Michigan v. Long,
Upon the discovery of contraband, the officers were justified in arresting appellant and Jewell pursuant to OCGA § 17-4-20 (a), and in searching the car incident to the arrest pursuant to OCGA § 17-5-1, during which search thе other bag of cocaine was discovered. Accordingly, the second bag of cocaine was admissible into evidence and the trial court’s denial of appellant’s motion to suppress was proper. See Newby, supra at 892 (2).
Judgment affirmed.
