Hardaway v. State, 309 Ga. App. 432

Hardaway was convicted after a bench trial of possession with intent to distribute marijuana and possession of drug related objects, sentenced to ten years with five to serve.
Hardaway challenged the trial court’s denial of his motion to suppress and the sufficiency of the evidence for possession with intent to distribute.
Deputy Lipscomb stopped Hardaway for failing to maintain lane; he observed furtive movement and Hardaway retrieved his wallet from a different area of the car.
Hardaway consented to a vehicle search; he revoked consent after being asked about weapons or drugs.
A drug dog alerted on the vehicle; officers searched the car and found bags, suspected marijuana, a digital scale, and cash.
The stop lasted about ten minutes; the court held the stop and subsequent search did not violate the Fourth Amendment; the evidence supported the possession with intent to distribute conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the suppression ruling was proper.	Hardaway contends suppression was required due to unlawful detention.	Hardaway argues the stop was unnecessarily prolonged after consent was revoked.	Denial of suppression upheld; stop not unreasonably prolonged.
Whether the evidence supports possession with intent to distribute.	Evidence showed possession of packaging, scale, and cash indicating intent to distribute.	Circumstantial evidence insufficient to prove intent to distribute.	Evidence sufficient; rational jury could convict.

Butler v. State, 303 Ga.App. 564, 694 S.E.2d 168 (2010) (standard of review for suppression rulings)
Langston v. State, 302 Ga.App. 541, 691 S.E.2d 349 (2010) (drug dog sniffing permissible if stop not unreasonably prolonged)
Jones v. State, 259 Ga.App. 849, 578 S.E.2d 562 (2003) (furtive conduct supports brief detention)
Spence v. State, 263 Ga.App. 377, 587 S.E.2d 766 (2003) (lane violation stops and duration considerations)