State v. Mathis

237 S.E.2d 643, 143 Ga. App. 121, 1977 Ga. App. LEXIS 2209

Opinions

Bell, Chief Judge.

This is an appeal by the state from an order of the trial court sustaining defendant’s motion to suppress evidence seized from defendant’s person based on a warrantless arrest.

On September 15, 1976, a Savannah police officer while on a shoplifting detail at a local drug store, saw defendant approach one Cuyler and heard him ask if Cuyler knew him. Upon denial, the defendant said, "Yeah, you know me” followed by "Come outside. I think I got something you’re interested in.” They then left and the officer followed. He observed the two conversing on the street on two occasions. The second time he saw Cuyler hand cash to the defendant, who in turn reached into his left sock and removed a brown manila envelope which he handed to Cuyler. The defendant was known to the officer as a drug dealer. Defendant was then arrested and his person was searched and the evidence seized. An additional envelope was found in defendant’s left sock and three others were found in his right sock. Held:

Submitted April 4, 1977 Decided July 14, 1977 Rehearing denied July 29, 1977 Andrew J. Ryan, III, District Attorney, Robert M. Hitch, III, Assistant District Attorney, for appellant. Adam P. Oerbone, for appellee.

The facts and circumstances here reveal that the arresting officer had probable cause at the time to believe that defendant was committing the offense of unlawful possession and sale of drugs and therefore had the authority to make a permissible warrantless arrest. Code § 27-301; Brice v. State, 129 Ga. App. 535 (199 SE2d 895). The accompanying incident search and seizure was likewise lawful. Code § 27-301. The trial court erred in granting the motion to suppress.

Judgment reversed.

Deen, P. J., Webb, Marshall, McMurray, Shulman and Banke, JJ., concur. Quillian, P. J., and Smith, J., dissent.