Moore v. State
321 Ga. App. 813
Ga. Ct. App.2013Background
- Moore was stopped for improper following distance and lane deviation on I-20 near GA-5 at midnight; initial stop authorized; officer disclosed a plan to issue warning citations.
- Moore was nervous; he was asked to exit the vehicle; he tried to re-enter the patrol car; another officer was summoned due to his nervousness.
- During the stop, Moore answered questions about itinerary and rental car; the officer completed a warning and then questioned Moore further.
- Approximately six minutes into the stop, a K-9 unit arrived; the dog alerted to narcotics during the open-air search while the officer was calling Moore’s license.
- A subsequent vehicle search yielded marijuana and cocaine; Moore was charged with trafficking cocaine, possession of marijuana, and failure to maintain lane.
- The trial court denied suppression; the appellate court affirmed, holding the stop was not unreasonably prolonged and questioning was permissible within a valid traffic stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop unreasonably prolonged? | Moore argues duration exceeded reasonable time. | Moore argues extended detention beyond purpose. | No; stop not unreasonably prolonged. |
| Did officer impermissibly expand the stop by asking unrelated questions? | Moore contends questioning extended beyond traffic purpose. | Moore argues for broader Fourth Amendment protections. | No; questioning during a valid stop permissible. |
| If not prolonged, is articulable suspicion required? | Moore claims need for suspicion to justify detention. | Since stop was not prolonged, suspicion unnecessary. | Not required; lack of prolongation cures need for suspicion. |
Key Cases Cited
- Wilson v. State, 306 Ga. App. 286 (Ga. App. 2010) (unreasonable prolongation standard for traffic stops; allowing related questioning)
- Langston v. State, 302 Ga. App. 541 (Ga. App. 2010) (drug sniffing dog during valid stop may occur without extending stop)
- Hayes v. State, 292 Ga. App. 724 (Ga. App. 2008) (review of duration deferential to trial court; not egregious evidentiary findings)
- Woodard v. State, 289 Ga. App. 643 (Ga. App. 2008) (authorization to continue detention for license/insurance checks and paperwork)
- Pitts v. State, 221 Ga. App. 309 (Ga. App. 1996) (permissible questioning during stop while processing warning)