GA: When evidence at suppression hearing is uncontroverted, whole suppression issue is reviewed de novo

“When the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court’s application of the law to the undisputed facts.” The state did not establish venue in Fulton County Georgia at the suppression hearing, but that’s irrelevant anyway. Venue is for the jurisdiction of trial, not motion to suppress. Also, defendant never raised the question of “venue” in his motion to suppress, so the state wasn’t on notice of it. Suppression reversed. State v. Wallace, 2016 Ga. App. LEXIS 510 (Sept. 15, 2016).

Defendant was suspected to be involved in drugs, and her car was seen in the early morning hours parked outside a house known to be occupied by another person involved in drugs. She left and he followed. Her brake light was out, and that resulted in a stop. The passenger was also known to be involved in drugs. After that was resolved, he asked for consent which was denied. He then said he had reasonable suspicion and he was calling for a drug dog. Her own history plus she “was riding with a passenger who had prior drug convictions and was believed to be a trafficker” was reasonable suspicion. State v. Snow, 2016 Iowa App. LEXIS 952 (Sept. 14, 2016).*