State v. Mallard

In State v. Mallard, 246 Ga. App. 357 (541 SE2d 46) (2000) the defendant was seen driving away from a house shortly before the police executed a search warrant for drugs at the residence, and the sole reason articulated by the police for the stop "was to see who was inside." Id. at 361. In affirming the grant of the defendant's motion to suppress, the Court emphasized that on appellate review, the Court was obliged to defer to the trial court's findings and to construe the evidence in favor of the defendants. Id. at 360.