Opinion
39539.
ORDERED FEBRUARY 3, 1983.
Application for certiorari to the Court of Appeals of Georgia — 164 Ga. App. 765 ( 298 S.E.2d 42).
Edward Marger, Robert O. Davis, for appellant.
Robert E. Keller, District Attorney, Steven E. Lister, Assistant District Attorney, for appellee.
ORDER OF COURT.
Upon consideration of the application for certiorari filed to review the judgment of the Court of Appeals in this case, it is ordered that the writ be hereby denied.
All the Justices concur, except Smith, J., who dissents.
ORDERED FEBRUARY 3, 1983.
I would grant the motion for reconsideration of appellant's petition for certiorari. In my view the circumstances of this case, particularly the use of the so-called "drug courier profile," do not demonstrate reasonable suspicion to stop appellant or probable cause to search appellant and his suitcase as required by the Fourth Amendment. See my dissent in Bothwell v. State, 250 Ga. 573 ( 300 S.E.2d 126) (1983), motion for rehearing denied Feb. 22, 1983. Therefore the search was unauthorized and appellant's motion to suppress evidence seized by the DEA agent should have been granted.