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THE STATE v. DESHON.
A89A2356.
BANKE, Presiding Judge.
Drug violation. Clayton Superior Court. Before Judge Ison.
The defendant is charged with possessing cocaine, methamphetainine, diazepam, and marijuana in violation of the Controlled Substances Act. The state brings this appeal from an order granting his motion to suppress certain alleged contraband seized from his automobile. See OCGA 5-7-1 (4).
Based upon information received from a confidential informant, Detective Raiford of the Henry County Sheriff's Department applied for and obtained a warrant to search the defendant's residence for certain firearms, specified by serial number, which had been reported stolen in various burglaries committed in Henry and Spalding Counties. Detective Raiford, the sole witness at the suppression hearing, testified that while he and other officers were proceeding to the defendant's residence in an unmarked patrol car to execute the warrant, the defendant drove past them going in the opposite direction. The officers immediately turned around to pursue him, simultaneously activating the flashing blue lights on the grill and visor of their vehicle. Raiford testified that during the ensuing chase the defendant accelerated to speeds well in excess of the posted 25-mile-per-hour limit and threw an object from his car which emitted a "powder" upon hitting the ground. The officers ultimately stopped the defendant by shooting one of his tires, whereupon, after placing him in the patrol car, they conducted a search of his vehicle. During this search, they discovered and seized a cigarette package containing suspected cocaine. The trial court granted the defendant's motion to suppress this substance and also suppressed certain alleged contraband later seized from his residence; however, the latter portion of the court's ruling is not challenged in this appeal. Held:
[Cits.]" Cook v. State, 136 Ga. App. 908, 909 (1) (222 SE2d 656) (1975). See also State v. Billoups, 191 Ga. App. 834 (383 SE2d 198) (1989). We accordingly hold that the trial court erred in granting the defendant's motion to suppress the alleged contraband seized from his vehicle.
Steven E. Lister, for appellee.
Robert E. Keller, District Attorney, Daniel J. Cahill, Assistant District Attorney, for appellant.
DECIDED FEBRUARY 6, 1990.
Saturday May 23 16:46 EDT


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