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Lamb v. State8/6/2004
Following a bench trial, Thomas Edward Lamb, III, was convicted of two counts of driving under the influence of alcohol. [FN1] At the conclusion of the trial, the court denied Lamb's motion to suppress evidence seized as a result of the stop of his vehicle, finding that the arresting officer had a reasonable and articulable suspicion to initiate the stop. On appeal, Lamb asserts that the trial court erred in denying his motion to suppress. We affirm.
When an appellate court reviews a trial court's order concerning a motion to suppress evidence, the appellate court should be guided by three principles with regard to the interpretation of the trial court's judgment of the facts. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support [them]. Second, the trial court's decision with regard to the questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court's findings and judgment. [FN2]
Viewed in its proper light, the evidence shows that on May 8, 2003, Lamb was sitting at the bar in a Hooters restaurant. Michele Dellajacano, the bartender, testified that she noticed Lamb at her bar when she returned from the restroom. She testified that he had been served a 32-ounce "Big Daddy" beer by her co-worker, that his eyes looked bloodshot, and that he appeared to have been drinking before arriving at the bar. When he finished the "Big Daddy" beer, she poured him another one, only to pour it out upon noticing his intoxicated condition. She further testified that she had been trained in "bar code" class to observe her patrons' level of intoxication.
According to Dellajacano, when she poured out the second beer, Lamb became angry, demanded his tab, refused to allow her to call him a cab, and left the bar, swaying as he walked to the door. Dellajacano testified that after he left, she called 911 "[b]ecause he left [her] bar intoxicated." According to the trial court's order, [FN3] the caller stated on the tapes that she worked at Hooters on Tara Boulevard, that a man who was too intoxicated to drive was leaving the restaurant, and that he would not let her call him a cab. The caller also indicated that she was unsure about the color of the patron's car but that it was "goldish" or "brownish" with drive-out tags. The operator asked her to call back to 911 when she saw the man exit. The bartender placed the second call at the same time Lamb was stopped by the police and told the dispatcher, "they got him," confirming that the car she had observed was the same car that was stopped.
Lamb was stopped by Clayton County Police Officer William Lee, who testified that he was on patrol at approximately 7:30 p.m. driving on Tara Boulevard when he received a BOLO (be-on-the-lookout) for a white male in a "newer Lincoln with a drive-out tag" leaving Hooters on Tara Boulevard. Dispatch advised the officer that the male was possibly intoxicated. Officer Lee testified that almost immediately after receiving the BOLO, he noticed a car matching the description exiting Hooters's parking lot. He also saw that the driver was a white male. After observing the car cross three lanes of traffic in rapid succession, Officer Lee initiated the stop. Officer Lee explained to Lamb that he had stopped him because of the BOLO, the drive-out tag, and the alleged traffic infraction.
In denying the motion to suppress, the trial court found that the information possessed by the officer, as shown by the b
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