431 S.E.2d 731 | Ga. Ct. App. | 1993
The defendant, James Daniel Williams, was charged with possession of marijuana with the intent to distribute, driving under the influence, and driving without a driver’s license. The charge against the defendant for driving without a license was nol prossed because the defendant had a valid driver’s license. Prior to trial, the defendant filed a motion to suppress the evidence seized as a result of the investigatory stop of May 24, 1991, as well as a motion to reveal the identity of the informant. After a hearing, the trial court denied both motions. In denying the defendant’s motion to suppress, the trial judge found that the information that the investigators had was sufficient to establish probable cause to enable the investigators to stop and search the vehicle.
The case proceeded to a bench trial, during which the defendant agreed to various stipulated facts, and the trial court entered its judgment of conviction on the possession of marijuana and the DUI charges. The trial court denied the defendant’s motion for a new trial. On appeal, the defendant contends that the trial court erred in denying his motion to suppress because the totality of the circumstances did not support a warrantless search of his vehicle.
At the hearing on the defendant’s motion to suppress, Investigator Barbara Irby of the Monroe County Sheriff’s Department, testified that at approximately 6:50 p.m. on May 24, 1991, she received a telephone call from a confidential informant. The informant indicated
Based upon this information from the informant, Investigator Irby requested the assistance of another investigator and both investigators proceeded to the location suggested by the informant at Johnsonville Road. At approximately 7:50 p.m., Investigator Irby saw the vehicle in question and the two investigators followed the vehicle. The defendant, the driver of the vehicle, pulled over to the right shoulder of the road after the investigators placed the blue flashing lights on the dashboard of the unmarked police vehicle. The investigators pulled behind the vehicle, at which time the passenger was observed leaning down in the automobile. Both the defendant and the passenger were asked to exit the vehicle.
As one of the investigators talked with the defendant, he smelled alcohol on his breath and inquired if the defendant had been drinking. The defendant indicated that he had had a few beers. The investigators informed the defendant of the tip concerning marijuana in his vehicle, and asked if they could search the automobile. It is undisputed that the defendant consented to the search of the vehicle. During the consensual search of the defendant’s automobile, the investigators discovered a brown paper bag containing nine plastic-wrapped marijuana bags, with a weight of approximately 7.5 ounces, on the floor of the passenger side of the car, and a small plastic bag of marijuana, weighing 23.5 grams, in the glove compartment. The defendant was arrested at the scene for the marijuana charge. Another officer was called to the scene to transport the defendant to the precinct for an intoximeter test.
We agree with the trial court that the investigators had probable cause justifying the stop and search of the defendant’s vehicle. In determining probable cause to justify a warrantless search of a vehicle, “ ‘[t]he sufficiency of information obtained from an informant is not to be judged by any rigid test. Generally, probable cause is determined by the “totality of the circumstances” surrounding (1) the basis of the informant’s knowledge and (2) the informant’s veracity or reliability. [Cit.]’ ” Rucker v. State, 199 Ga. App. 854, 855 (406 SE2d 277) (1991). “ ‘ “(A) deficiency in one may be compensated for, in determining the overall reliability of a tip, by a strong showing as to the other, or by some other indicia of reliability.” [Cit.]’ [Cit.]” Id. at 855. “[A]ll the determination of ‘probable cause’ entails is ‘a fair
Considering the totality of the circumstances, including the information provided by the confidential informant and the investigators’ visual corroboration of the information, as well as the defendant’s voluntary consent to the search, we conclude that the warrantless search of the defendant’s vehicle was justified. Accordingly, the defendant’s motion to suppress was properly denied by the trial court.
Judgment affirmed.