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Ricardo Breshard Bodifordv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A0683
DecidedJuly 14, 2014
Reporter328 Ga. App. 258, 761 S.E.2d 818 (2014)
JudgesJudge Branch authored the opinion; Presiding Judge Barnes and Judge Boggs concurred
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureTraffic StopReasonable SuspicionMotion to SuppressReversalRemand
Case Summary

During a traffic stop on Interstate 75, Henry County Officer Jason Hart stopped Ricardo Breshard Bodiford for driving ten miles per hour over the speed limit. After writing a warning, Hart retained Bodiford’s license while he requested a license check, questioned him about contraband, and sought consent to search; Hart then retrieved a drug dog, and a search uncovered cocaine under a passenger seat. Bodiford was indicted for trafficking in cocaine, and the trial court denied his motion to suppress. The Court of Appeals held that Hart unlawfully prolonged the stop by failing to respond promptly to dispatch while awaiting the license-check results; the officer’s subjective reason for not responding did not control, and Bodiford’s nervousness alone did not justify further detention. Because the search followed the unlawful detention, the Court reversed and sent the case back with instructions to suppress the cocaine.

Opinion

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Ricardo Breshard Bodiford v. The State — The Atlanta Gleaner