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Lawskills.com Georgia Caselaw
CHAPPELL v. THE STATE.
74230.
CARLEY, Judge.
Drug violation. Clayton Superior Court. Before Judge Ison.
Appellant was arrested at Atlanta's Hartsfield International Airport and a quantity of cocaine was seized from his person. Appellant's motion to suppress was denied and he was then found guilty of trafficking in cocaine after a bench trial. He appeals from the judgment of conviction and sentence entered on the trial court's finding of guilt.
The bags contained 60.2 grams of cocaine.
This evidence clearly authorized the trial court to find that Agent Markonni had sufficient articulable and reasonable suspicion to conduct a Terry-type stop of appellant. Rasnake v. State, supra. Although appellant presented evidence which directly contradicted Agent Markonni's testimony in some respects, the trial court was not required to believe appellant's witness or to disbelieve Markonni. "The weight of the evidence and credibility of witnesses are questions for the [triors] of fact. [Cit.]" Webb v. State, 154 Ga. App. 395, 396 (1) (268 SE2d 438) (1980). While he was lawfully stopped for questioning, appellant freely and voluntarily consented to an inspection of his legs by Agent Markonni. See Connor v. State, 130 Ga. App. 74 (202 SE2d 200) (1973). As a result of that inspection, Agent Markonni verified the existence of suspicious bulges in appellant's socks, although appellant had denied having anything in them. Under the totality of these circumstances, Agent Markonni had probable cause to arrest appellant, and, in the search incident to the arrest, the seizure of the cocaine was justified. Reid v. State, 179 Ga. App. 144 (345 SE2d 635) (1986). The evidence authorized the trial court to deny appellant's motion to suppress and to find him guilty of trafficking in cocaine. Reid v. State, supra. See also Miller v. State, 183 Ga. App. 702 (---SE2d---) (1987), reh. denied July 15, 1987.
Robert E. Keller, District Attorney, Clifford A. Sticher, Assistant District Attorney, for appellee.
Steven E. Lister, for appellant.
DECIDED JULY 2, 1987.
Thursday May 21 13:30 EDT


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