Jose Vazquez v. State
347 Ga. App. 174
Ga. Ct. App.2018Background
- On April 11, 2013, officer stopped a vehicle for an alleged window-tint violation; Jose Vazquez was driving and Hortencia Flores was a passenger and owner.
- Officer tested the tint, determined it violated law, took Vazquez’s license, and asked him to exit the vehicle; Vazquez appeared nervous.
- Officer interviewed Flores but had difficulty communicating because her primary language is Spanish; he requested a Spanish-speaking officer.
- The stop lasted slightly less than 30 minutes from initiation to the search: identification checks, citation preparation, and a ~19-minute wait for the Spanish-speaking officer occurred before consent was given.
- Shortly after the Spanish-speaking officer arrived, Flores volunteered consent to search; Vazquez then also consented; a narcotics dog alerted and officers found methamphetamine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consent to search was voluntary given the length of the stop | Flores/Vazquez: Stop was unreasonably prolonged; consent given after unlawful detention is invalid | State: Activities (ID checks, citation, securing explanation to owner via translator) were within mission and did not unreasonably extend the stop | Consent was valid; stop was not unreasonably prolonged and consent rendered the search lawful |
Key Cases Cited
- State v. Allen, 298 Ga. 1 (2015) (tolerable duration of traffic stop determined by mission; stops become unlawful if prolonged beyond time reasonably required)
- Hayes v. State, 292 Ga. App. 724 (2008) (consent after an unreasonably prolonged detention is invalid)
- Illinois v. Caballes, 543 U.S. 405 (2005) (traffic-stop mission limits permissible inquiries and duration)
- Moore v. State, 321 Ga. App. 813 (2013) (officers may ask unrelated questions so long as stop is not prolonged)
- Waters v. State, 306 Ga. App. 114 (2010) (delay waiting for specially trained officer did not unreasonably prolong a ~25-minute stop)
- Bryant v. State, 326 Ga. App. 385 (2014) (consent obtained before conclusion of stop renders subsequent search lawful)