White v. State
319 Ga. App. 540
Ga. Ct. App.2012Background
- White challenged suppression of cocaine found after a traffic stop on I-85 in Gwinnett County (Aug. 9, 2011) following a bench trial without a jury.
- Officer Jones observed lane crossing and a nonfunctional center brake light, prompting a stop and warning for the brake light.
- During the stop, White consented to a pat-down; an aura of nervousness and a strong air freshener odor were noted; a search was eventually conducted with Hoover present.
- A grocery bag in the glovebox contained seven bags of cocaine; White denied or differed on consent to search.
- The trial court made credibility and factual findings, which the appellate court treated as not clearly erroneous and reviewed for reasonableness within the evidence favoring trial court conclusions.
- On appeal, the court addressed whether the stop was supported by probable cause, whether the detention extended beyond the stop, and whether consent to search was valid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial stop had probable cause. | White argues lack of probable cause. | Jones contends the stop was based on a traffic violation. | Probable cause supported the stop. |
| Whether White was unlawfully detained beyond the stop. | White contends prolonged detention invalidates consent. | Consent sought contemporaneously with the stop did not prolong detention. | Detention was lawful; consent valid within stop. |
| Whether consent to search was voluntary. | White denied giving consent or contested timing. | Consent given, or at least contemporaneous with stop, permitted search. | Search consent was valid. |
Key Cases Cited
- Ware v. State, 309 Ga. App. 426 (2011) (unreasonable prolongation not required for valid stop if evidence supports stop)
- Tate v. State, 264 Ga. 53 (1994) (non-prolonging questioning relevant to stop duration)
- Nix v. State, 312 Ga. App. 43 (2011) (consent obtained during stop can be valid if not prolonging stop)
- Hammont v. State, 309 Ga. App. 395 (2011) (questions during stop permissible if not extending stop)
- Lancaster v. State, 261 Ga. App. 348 (2003) (good-faith belief of unlawful act does not invalidate actions)