Dominguez v. State
310 Ga. App. 370
| Ga. Ct. App. | 2011Background
- Two Hall County deputies stopped Dominguez for a failed right-turn signal; they followed him after receiving a vague drug-dealer tip about a Hispanic man in a green Crown Victoria.
- Dominguez refused permission to search his car; deputies then detained him and called for a canine unit to sniff the exterior.
- Approximately ten minutes later, the drug dog alerted to drugs; deputies searched and found methamphetamine in the steering column.
- Dominguez moved to suppress the evidence as stemming from an unlawful detention; the trial court denied the motion and Dominguez was convicted without a jury.
- On appeal, the court held that continuation of the detention beyond the traffic investigation to accommodate the dog sniff violated Fourth Amendment standards.
- The court reversed, concluding the tip and Dominguez’s nervousness did not provide reasonable suspicion to prolong the stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the canine sniff was lawful after the traffic stop | Dominguez | State | Detention unlawful; stop cannot be prolonged for a dog sniff absent reasonable suspicion |
| Whether there was reasonable suspicion to detain Dominguez beyond the traffic violation | Dominguez | State | No reasonable suspicion; tipster credibility and nervousness insufficient |
Key Cases Cited
- Rosas v. State, 276 Ga. App. 513 (2005) (detention beyond traffic stop requires particularized suspicion)
- State v. Cunningham, 246 Ga. App. 663 (2000) (traffic stop ends after investigation; dog sniff requires suspicion)
- Tiller v. State, 261 Ga. App. 363 (2003) (tip credibility affects reasonable suspicion)
- Slocum v. State, 267 Ga. App. 337 (2004) (detailed tips may corroborate reliability and support detention)
- McSwain v. State, 240 Ga. App. 61 (2003) (generic anonymous tip insufficient for reasonable suspicion)
- Alford v. State, 293 Ga. App. 512 (2008) (reliable CI detailed description can justify suspicion)
- Faulkner v. State, 256 Ga. App. 129 (2002) (traffic stop complete once related tasks accomplished)
- Byers v. State, 272 Ga. App. 664 (2005) (officer must still be investigating after traffic stop for continued detention)
- Penny v. State, 248 Ga. App. 772 (2001) (concerning credibility of identified informants)
- State v. Thompson, 256 Ga. App. 188 (2002) (nervousness alone insufficient for detention)