Georgia Court Of Appeals, (December 16, 1999)
Docket number: A99A2351
DECIDED
BLACKBURN, Presiding Judge. - DECIDED
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http://vlex.com/vid/dickson-v-the-state-20425382
Id. vLex: VLEX-20425382
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Judgment affirmed. Eldridge and Barnes, JJ., concur.

William C. Puckett, Jr., for appellant.
Leslie Dickson appeals his convictions, following a bench trial, of violating the Georgia Controlled Substances Act and obstructing a police officer. Dickson contends that the trial court erred in denying his motion to suppress claiming that the arresting officer had no authority to conduct a pat-down of his person. Because the trial court's determination that the arresting officer's pat-down was reasonably justified is not clearly erroneous, we affirm.When an appellate court reviews a trial court's order concerning a motion to suppress evidence, the appellate court should be guided by three principles with regard to the interpretation of the trial court's judgment of the facts. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it.Second, the trial court's decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court's findings and judgment.(Citations and punctuation omitted.) Tate v. State, 264 Ga. 53, 54 (1) (440 SE2d 646) (1994).So viewing the evidence, it reveals that DeKalb Police Officer Walker, while on routine patrol around 2:29 a.m., saw Dickson passing a large plastic bag between two vehicles parked beside each other at a strip mall. Officer Walker testified that he had arrested several individuals in that parking lot for drug activity, and he suspected criminal activity due to the location, the time of night, and his observations regarding the plastic bag.After witnessing the transaction, Officer Walker got out of his car and approached Dickson, who became startled and would not respond when asked what was happening. For safety purposes, Officer Walker then frisked Dickson and felt an unknown object in Dickson's front pocket which he believed was a pocket knife. The item turned out to be a Crown Royal bag stuffed with tin foil. The substances in the tin foil tested positive for cocaine. "[A] police officer, even in the absence of probable cause, may stop persons and detain them briefly, when the officer has a particularized and objective basis for suspecting the persons are involved in criminal activity." (Punctuation omitted.) Welborn v. State,Try vLex for FREE for 3 days
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