The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Antoine L. Davisv.The State

CourtCourt of Appeals of Georgia
Docket No.A13A0201
DecidedJuly 16, 2013
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureReasonable SuspicionTraffic StopMotion to SuppressReversalRemandDissent
Case Summary

After a Gwinnett County traffic stop for window tint, officers questioned the occupants about drugs, requested a search, and summoned a drug-detection dog. The dog arrived about twenty minutes after the officer completed the warning citation and returned the driver’s license; the search then produced marijuana, ecstasy, and cocaine. Antoine Davis and Kashif Nash challenged the denial of their suppression motions. The Georgia Court of Appeals held that the officer unlawfully prolonged the stop. Air fresheners, conflicting accounts of the travelers’ destination and relationships, and nervousness could contribute to suspicion, but the officer did not pursue the drug investigation until after completing the traffic mission and then detained the occupants while waiting for a K-9 unit nearly thirty miles away. The court concluded that the continued detention was not brief or reasonably tied to quickly confirming or dispelling suspicion. It reversed and remanded with directions to grant the suppression motions. Judges Andrews, Dillard, and Ray dissented, reasoning that the totality of the circumstances supplied reasonable suspicion and that the additional detention was justified while the dog was dispatched. The consolidated decision addressed Davis’s and Nash’s appeals together.

Opinion

Loading published copy…

The Far Side