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Nunnally v. State
310 Ga. App. 183
| Ga. Ct. App. | 2011
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Background

  • Officer observed Nunnally fail to signal on two occasions as required by law;
  • Traffic stop occurred and a backup K-9 unit was dispatched for safety;
  • K-9 alerted to narcotics inside Nunnally’s vehicle after being walked around it;
  • Nunnally was detained, then searched;
  • Marijuana was found on the person and on the driver’s floorboard;
  • Trial court denied suppression and convicted Nunnally of the marijuana offense; the traffic offense conviction was challenged on sufficiency.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence for turn-signal violation Nunnally contends officer credibility issues; he alleges signaling; State argues jury could reasonably credit officer’s testimony; Traffic conviction upheld on sufficiency of evidence.
Suppression of marijuana as fruit of illegal seizure Detention extended beyond the traffic stop without justification; Dog sniff during stop was permissible under Terry; Marijuana evidence suppressed; convict for marijuana reversed.
Validity of drug-dog sniff during a valid traffic stop Prolonged detention lacked reasonable suspicion; Dog sniff justified by ongoing traffic investigation; Detention not properly justified; dog sniff unlawful.

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for proving sufficiency of evidence)
  • Whren v. United States, 517 U.S. 806 (U.S. 1996) (temporary traffic stops treated as seizures; Terry framework)
  • Salmeron v. State, 280 Ga. 735 (Ga. 2006) (permissible during valid traffic stop for dog sniff; purpose of stop controls)
  • Williams v. State, 264 Ga. App. 199 (Ga. App. 2003) (detention duration and drug-search consent depend on diligent pursuit of traffic investigation)
  • Boyd v. State, 300 Ga. App. 455 (Ga. App. 2009) (brief detention with independent basis to suspect other wrongdoing)
  • Caballes v. Illinois, 543 U.S. 405 (U.S. 2005) (dog sniff during lawful stop does not violate Fourth Amendment when no additional intrusion)
Read the full case

Case Details

Case Name: Nunnally v. State
Court Name: Court of Appeals of Georgia
Date Published: Jun 20, 2011
Citation: 310 Ga. App. 183
Docket Number: A11A0729
Court Abbreviation: Ga. Ct. App.