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Fisher v. State

5/14/2004

reasonable and articulable suspicion of ... conduct ... justify[ing] his investigation of [Fisher]. In forming his suspicion, [Wheeler] was entitled to rely on the information given him by a fellow officer. The information provided by the dispatcher was thus admissible to explain [Wheeler's] reason for investigating [Fisher]. (Punctuation and footnotes omitted.) Morrow v. State, 257 Ga.App. 707, 708(2), 572 S.E.2d 58 (2002); accord State v. Harris, 236 Ga.App. 525, 525-526(1), 513 S.E.2d 1 (1999) (information received from another officer can create articulable suspicion justifying vehicle stop; officer's action upon good faith belief that a crime has been committed not vitiated by later determination to the contrary). On appeal of a trial court's decision on a motion to suppress, we review the evidence "most favorably to uphold the findings **363 and judgment of the trial court; the trial court's findings on disputed facts and credibility are adopted unless they are clearly erroneous and will *428 not be disturbed if there is any evidence to support them." (Punctuation omitted.) State v. Bute, 250 Ga.App. 479, 552 S.E.2d 465 (2001). Because Wheeler properly relied upon information provided to him by another officer, the state court did not err in denying Fisher's motion to suppress evidence of his intoxication discovered after Wheeler legally stopped him. Id.; Morrow v. State, supra; State v. Harris, supra. Judgment affirmed.

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