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Statev.Allen

CourtSupreme Court of Georgia
Docket No.S14G1765
DecidedNovember 2, 2015
Reporter296 Ga. 744; 770 S.E.2d 636
JudgesJustice David E. Nahmias authored; Justices Benham, Hunstein, and Melton dissented
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureTraffic StopProbable CauseReversal
Case Summary

During a traffic stop, an officer checked the driver’s and passenger’s identification while preparing a warning and conducted a free-air dog sniff. The dog alerted before the stop ended, and a search found nearly ten pounds of marijuana. The trial court suppressed the evidence, and the Court of Appeals affirmed; the Supreme Court of Georgia reversed. The Court held that checking the passenger’s identification was an ordinary inquiry related to the traffic stop and that the officer acted diligently, so the records check did not unlawfully prolong the detention. It also overruled Weems v. State to the extent that decision treated a dog sniff conducted during a traffic stop as necessarily unlawful without reasonable suspicion. Three justices dissented, concluding that the officer had completed the traffic mission before pursuing the drug investigation and that the continued detention was unlawful.

Opinion

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