In order to be successful, an enumeration of error requires a showing of both harm and error. Davis v. State, 235 Ga. App. 10 (2) ( 507 SE2d 827) (1998). The content of appellant's post-arrest, post-Miranda statement was not admitted into evidence.
See Strickland, supra, 265 Ga. App. at 540; Eichelberger, supra, 252 Ga. App. at 804 (2). Davis v. State, 235 Ga. App. 10, 11 (1) ( 507 SE2d 827) (1998). "A trial court's ruling on a motion to suppress will be upheld if it is right for any reason."
(Footnote omitted.) State v. Stilley, 261 Ga. App. 868, 870 ( 584 S.E.2d 9) (2003); accord, e.g., Eichelberger v. State, 252 Ga. App. 801 ( 557 S.E.2d 439) (2001); Patel v. State, 240 Ga. App. 178, 179 ( 522 S.E.2d 760) (1999); Davis v. State, 235 Ga. App. 10 ( 507 S.E.2d 827) (1998); Brown v. State, 188 Ga. App. 184, 187 ( 372 S.E.2d 514) (1988). See also United States v. Bailey, 691 F.2d 1009 (11th Cir. 1982), cert. denied, 461 U.S. 933 ( 103 S.Ct. 2098, 77 L.E.2d 306) (1983).
Accordingly, we find that the trial court erred in granting Stilley's motion to suppress, and we reverse. See Davis v. State, 235 Ga. App. 10, 11(1) ( 507 S.E.2d 827) (1998) (where officer lacks articulable suspicion to stop, defendant's remedy is a motion to suppress). See Eichelberger.
O.C.G.A. § 40-6-395 (a).Davis v. State, 235 Ga. App. 10, 11 (1) ( 507 S.E.2d 827) (1998).Judgment affirmed.
Of course, Smith did not stop when the police approached him. He fled, behavior that not only added another basis for the officer's suspicions, but which, in itself, gave the officers probable cause to stop and arrest Smith for the offense of attempting to elude an officer. OCGA § 40-6-395 (a); Davis v. State, 235 Ga. App. 10 ( 507 S.E.2d 827) (1998). Thus, the drug paraphernalia and packets containing cocaine residue were lawfully seized from Smith pursuant to a search incident to a lawful arrest for attempting to elude.