Rocha v. State
317 Ga. App. 863
Ga. Ct. App.2012Background
- Rocha was convicted of trafficking in cocaine after a stipulated bench trial.
- Around 10:00 a.m. on Sept. 20, 2005, a Douglas County deputy stopped a large commercial bus for lacking a company logo/FMCSA ID and having an expired tag.
- Rocha (driver) claimed Katrina evacuees and a Genesis Bus Lines ownership; he produced a temporary tag not valid for commercial use.
- Co-driver Ordonez also provided inconsistent statements; logs showed Genesis as the carrier, not Adame as claimed by Rocha, and no Birmingham stop was documented.
- The deputy obtained Ordonez’s license, learned she was Rocha’s co-driver, and obtained driver logs that raised suspicion.
- Consent to search the bus was obtained about ten minutes after the stop; cocaine was found in a duffle bag beneath a seat compartment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consent to search was invalid. | Rocha argues consent resulted from an impermissibly prolonged stop. | State contends stop was not unreasonably prolonged; consent valid. | Consent valid; stop not unreasonably prolonged. |
| Whether the evidence is sufficient to sustain the conviction. | Rocha asserts suppression should render conviction unsustainable. | State argues sufficient evidence even without suppression due to seized cocaine. | Evidence sufficient to sustain conviction. |
Key Cases Cited
- Matthews v. State, 294 Ga. App. 836 (Ga. App. 2008) (search after stop not unreasonably prolonging detention; supports consent validity)
- Hayes v. State, 292 Ga. App. 724 (Ga. App. 2008) (ten-minute delay in search did not render stop unreasonable)
- Hammont v. State, 309 Ga. App. 395 (Ga. App. 2011) (case addressing traffic-stop duration and consent to search)