The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

The Statev.Tammy Paula Herman

CourtCourt of Appeals of Georgia
Docket No.A17A1978
DecidedJanuary 26, 2018
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureTraffic StopReasonable SuspicionReversalRemand
Case Summary

Tammy Herman was charged with drug offenses after police found pills in her purse during a traffic stop. The trial court suppressed the evidence, concluding that the stop had been unlawfully prolonged for an open-air dog sniff. The State appealed. The Georgia Court of Appeals held that the stop began lawfully after officers observed an unreadable temporary tag and a defective tag light, and that the dog sniff occurred while an officer was still performing the ordinary traffic-stop mission of checking the driver’s license. Because the K-9 unit arrived within three or four minutes and the sniff added no time to the stop, the detention did not violate the Fourth Amendment. The court also noted that Herman had abandoned her separate challenge to the purse search by failing to present evidence or argument on that issue at the suppression hearing. It reversed the order granting suppression and remanded for further proceedings.

Opinion

Loading published copy…

The Far Side