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Robert Stanley Terryv.The State

CourtCourt of Appeals of Georgia
Docket No.A20A1627
DecidedJanuary 28, 2021
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureFourth AmendmentSearch and SeizureReversalRemand
Case Summary

Robert Terry was convicted of controlled-substance offenses and traffic violations after a Georgia State Patrol officer stopped his vehicle for suspected illegal window tint and an obstructed license plate. During the stop, the officer learned that Terry’s license had been repeatedly suspended and arrested him. Officers then pursued a drug investigation that included a canine sniff and search of the vehicle. Terry argued that the stop had been unlawfully prolonged without reasonable, articulable suspicion and that the resulting evidence was insufficient. The Court of Appeals held that the traffic mission had ended before the canine investigation, and the State failed to show an independent basis for extending the seizure. Because the search was unlawful, the court reversed the trial court’s denial of Terry’s motion to suppress. It remanded for further proceedings and did not reach his remaining claims.

Opinion

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