Lewis v. the State
332 Ga. App. 466
Ga. Ct. App.2015Background
- In July 2012 Officer Jackson stopped Richard Lewis’s RV for crossing the white line and weaving; Lewis provided license and located registration inside the RV.
- Jackson told Lewis he would issue a warning for failure to maintain lane; while one officer filled out the warning and dispatch checked license, Jackson asked to pat down Lewis (consent given) and then asked to search the RV (consent denied).
- Jackson retrieved a trained narcotics dog and conducted a free-air sniff around the RV while the warning and license check remained in progress; the dog alerted on the RV’s passenger door and trailer.
- After the alert and before a formal written search, Lewis admitted to having a small amount of marijuana and a pistol; officers then searched and found marijuana and a smoking pipe in the RV.
- Lewis was charged with possession of less than one ounce of marijuana and possession of a drug-related object, moved to suppress the evidence, lost at a suppression hearing and bench trial, and appealed the denial of his motion for new trial.
Issues
| Issue | Lewis’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether the traffic stop was impermissibly prolonged by conducting a dog sniff | The dog sniff and related activity unreasonably extended the stop to enable a narcotics search | The sniff occurred during ordinary tasks (warning issuance and license check) and did not measurably extend the stop | Court held the sniff did not unreasonably prolong the stop; search lawful after dog alerted |
| Whether the dog sniff is part of traffic-stop mission | Sniff was an unrelated criminal investigation not tied to traffic enforcement | Sniff occurred while mission tasks (writing warning, dispatch check) were ongoing and thus did not prolong detention | Court treated sniff as permissible because it did not extend the stop beyond its traffic mission |
| Whether the trial court clearly erred by relying on allegedly false officer testimony about viewing the video | Officer’s testimony about when he viewed the video was false, so court erred in crediting his account | The relevant portion of the tape was under 19 minutes; officer clarified he had viewed the relevant portion; video supports court’s findings | Court found no clear error; video corroborated the trial court’s factual findings |
Key Cases Cited
- Rodriguez v. United States, 575 U.S. 348 (2015) (dog sniff during traffic stop is not part of the traffic mission and cannot prolong detention absent reasonable suspicion)
- Terry v. Ohio, 392 U.S. 1 (1968) (stops are seizures analyzed under Terry principles)
- Brown v. State, 293 Ga. 787 (2013) (appellate review principles for suppression hearings)
- Jones v. State, 291 Ga. 35 (2012) (de novo review where suppression hearing evidence is uncontroverted)
- St. Fleur v. State, 296 Ga. App. 849 (2009) (permissibility of open-air dog sniff during an ongoing traffic stop where it does not unreasonably prolong the detention)