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Hightower v. State5/7/2001
ightower for failure to maintain his lane, that Hightower initially consented to a search of the Honda, and that although Hightower later withdrew his consent, the backup officer saw the contraband in plain view. Hightower argues that the contraband was not in plain view, but we must accept the trial judge's factual and credibility determinations made after the suppression hearing unless such determinations are clearly erroneous. Here, the officer's testimony and the videotape support the trial court's findings, and thus the findings are not clearly erroneous.
Hightower also argues that the impoundment was not reasonable, claiming that a person was present, authorized, and capable of safely removing the vehicle. As found by the trial court, the officers' initial search followed the "plain view" finding of the 15 grams of cocaine and was a search incident to a lawful arrest, which they were clearly authorized to do. The impoundment and subsequent inventory search were also valid, since the vehicle at that point was subject to possible seizure as property used to facilitate illegal drug distribution.
Judgment affirmed. Andrews, P. J., and Eldridge, J., concur.
Page 1 2 Georgia DUI Attorneys
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