Rodriguez v. State
321 Ga. App. 619
Ga. Ct. App.2013Background
- Officer used automated license plate reader to flag a vehicle for an outstanding warrant tied to Sanchez; stop of Rodriguez’s vehicle followed.
- Vehicle identified as Rodriguez’s and occupied by Rodriguez and Williams; Rodriguez provided her license, Williams provided a different name and DOB.
- Computer checks revealed Williams had a Florida warrant and a suspended license; police waited for extradition verification while obtaining consent to search.
- One officer obtained Rodriguez’s consent to search the vehicle during the short delay; another officer asked for and obtained Williams’s consent to search Williams’s purse.
- odor of raw marijuana was detected during the search, leading to discovery of marijuana in the vehicle and in Williams’s purse.
- Trial court denied suppression; appellate majority affirming the denial and upholding the stop and consent as lawful under Terry; dissents argue the initial stop was unlawfully based solely on the LPR alert and urge suppression of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the initial LPR-based stop | Rodriguez contends the LPR alert invalidated the stop | State relies on LPR-based basis and Terry exception | Waived for initial stop; court upholds conduct as within Terry scope |
| Whether consent to search was valid independent of an unlawful stop | Consent tainted by improper expansion of stop | Consent was voluntary within a valid terminal prolongation | Consent valid; not a product of improper stop expansion |
| Whether the stop’s duration/scope remained reasonable during verification of extradition | Extended stop exceeded initial purpose | Prolongation necessary for safety and extradition verification | Reasonable prolongation; Fourth Amendment not violated |
Key Cases Cited
- Harper v. State, 249 Ga. 519 (Ga. 1982) (Harper test; admissibility of expert testimony related to novel procedures; applied to LPR-generated information for reasonable suspicion)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (Temporary stop permissible with reasonable suspicion and limited duration)
- Hernandez-Lopez v. State, 319 Ga. App. 662 (Ga. Ct. App. 2013) (Affirms LPR-based stop with corroboration steps distinguishing cases like Hernandez-Lopez)
- Humphreys v. State, 304 Ga. App. 365 (Ga. Ct. App. 2010) (Checks done for registration can support stop; gender verification noted in related cases)
- Schweitzer v. State, 280 Ga. App. 260 (Ga. Ct. App. 2006) (Stop authorized when computer indicated registration issue with another vehicle)
- Thompson v. State, 289 Ga. App. 661 (Ga. Ct. App. 2007) (Stop authorized when tag showed registration to a different vehicle; computer checks may justify stop)