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In State v. Billoups, 191 Ga. App. 834, 835 (383 S.E.2d 198) (1989), we reversed the trial court's grant of the defendant's motion to suppress finding that the totality of the circumstances, the time of day, the location, and the defendant's flight provided "probable cause for a belief that [the defendant] was in possession of unlawful contraband."
Summary of this case from Carter v. StateOpinion
A89A0921.
DECIDED JUNE 6, 1989.
Motion to suppress. Lowndes Superior Court. Before Judge Lilly.
H. Lamar Cole, District Attorney, Bradfield M. Shealy, Assistant District Attorney, for appellant.
William R. Folsom, for appellee.
The state appeals the grant of the appellee's motion to suppress evidence seized during a warrantless search of his person.
The appellee was arrested by Officer Hunter of the Valdosta Police Department at approximately 2:30 a. m., while the latter was on routine patrol in the Hudson-Docket section of the city, a neighborhood which the officer characterized as a "highly drug populated area." Officer Hunter testified that as his patrol car rounded a corner, he observed the appellee standing on the sidewalk "conversing" with another male subject. He stated that when the two men looked up and saw the patrol car, they "broke and ran," whereupon he exited the patrol car, chased after the appellee on foot, and ultimately apprehended him. He then conducted a "patdown search" of the appellee's person to "see if he had a weapon on him." Upon doing so, he felt an object in the appellee's pocket which seemed to be a film canister. Stating that in his experience such cannisters were used to conceal razor blades, he pulled it out of the appellee's pocket and opened it. It proved to contain "crack" cocaine, resulting in the appellee's indictment for possession of cocaine with intent to distribute. Held:
"Probable cause need not be defined in relation to any one particular element, but may exist because of the totality of circumstances surrounding a transaction. [Cits.] . . . [F]light in connection with other circumstances may be sufficient probable cause to uphold a warrantless arrest or search. [Cits.]" Cook v. State, 136 Ga. App. 908, 909 (1) ( 222 S.E.2d 656) (1975). See also Banks v. State, 187 Ga. App. 280, 282 ( 370 S.E.2d 38) (1988); Moore v. State, 155 Ga. App. 721 (1) ( 272 S.E.2d 575) (1980); Green v. State, 127 Ga. App. 713, 715 ( 194 S.E.2d 678) (1972). We conclude that in the context of the time of day and the location, the appellee's flight from the officer provided probable cause for a belief that he was in possession of unlawful contraband, with the result that the search was authorized as a search incident to a valid arrest. We accordingly hold that the trial court erred in granting the appellee's motion to suppress.
Judgment reversed. Sognier and Pope, JJ., concur.