Lead Opinion
Lisa Smoak Duncan was charged with possession of methamphetamine (OCGA § 16-13-30 (a)), possession of drug-related objects (OCGA § 16-13-32.2 (a)), and speeding (OCGA § 40-6-181). Duncan filed a motion to suppress the drugs seized from her car after a traffic stop, arguing that the officer detained her beyond the time necessary to issue the speeding ticket. Following a hearing, the trial court denied Duncan’s motion to suppress and her motion for reconsideration, but instead issued a certificate for immediate review. We granted Duncan’s application for interlocutory review, and this appeal ensued. For the reasons that follow, we reverse the trial court’s ruling.
[There are] three fundamental principles which must be followed when conducting an appellate review of a trial court’s ruling on a motion to suppress. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support them. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment. These principles apply equally whether the trial court ruled in favor of the State or the defendant.
(Citations and punctuation omitted.) Brown v. State,
Viewing the record in the light most favorable to the trial court’s ruling, the evidence shows that on the evening of October 10, 2013, a Clayton County sheriff’s office deputy observed Duncan driving at approximately 85 miles per hour on Interstate 75, where the speed limit is 65 miles per hour. The officer stopped Duncan for speeding, approached Duncan’s car, advised her of the reason for the stop, and asked for her license. Duncan gave the officer her license and appeared nervous, shifting around in her seat and looking
The officer returned to Duncan’s car and asked her to step out of her vehicle. While standing at the rear of Duncan’s vehicle, the officer explained the citation to Duncan. After Duncan signed the citation, the officer gave her a copy of it and returned her driver’s license to her.
The officer then asked Duncan a series of questions about her probation, including why she was on probation, what were the conditions of her probation, and whether she was reporting in a timely manner. Duncan informed the officer that she was on probation for possession of methamphetamine and driving under the influence. Then, the officer asked Duncan whether she was using drugs and if she had any drugs in the car. Duncan, who appeared very nervous and had labored breathing, responded that she did not have any drugs in the car.
The officer then asked for and received Duncan’s consent to search the car. A backup officer arrived approximately two minutes later, at which point the officer searched the car. The search revealed a small amount of methamphetamine in a glass pipe in a zippered pouch on the passenger seat.
Duncan contends that the trial court erred in denying her motion to suppress because the officer, without reasonable suspicion, continued to detain her after the completion of the traffic stop. We agree.
In this case, there is no dispute that the initial traffic stop for speeding was valid. See Forsman v. State,
To be valid, an investigative stop of a vehicle must be brief and limited in time to that minimally necessary to investigate the allegation invoking suspicion, and limited in scope to identification and limited questioning reasonably related to the circumstances that justified the initiation of the momentary stop.
(Punctuation and footnote omitted.) Bennett v. State,
[i]t is well settled that if the officer continues to detain the subject after the conclusion of the traffic stop and interrogates him or seeks consent to search without reasonable suspicion of criminal activity, the officer has exceeded the scope of a permissible investigation of the initial traffic stop.
(Punctuation and footnote omitted.) Id.; see also Caballes, supra,
The State argues that the overall length of the detention — by the officer’s estimate, no more than 12 minutes — was reasonable. “However, in assessing the reasonableness of an investigative stop, no ‘bright-line’ or rigid time limitation is imposed.” (Punctuation and footnote omitted.) Heard v. State,
Although Duncan was on probation, there was no evidence presented that she was subject to a search condition. Even if Duncan had been subject to a search condition, the officer would still have needed “reasonable or good-faith suspicion” to conduct a search because a person’s probation status, alone, is not sufficient to justify a search. (Citation omitted.) Adkins v. State,
Moreover, the traffic stop never became a consensual encounter. See State v. Felton,
Although a request to search made contemporaneously, or nearly so, with the fulfillment of the traffic stop does not unreasonably prolong the detention, the request must occur immediately, or almost immediately, with the conclusion of the stop. See Davis v. State,
In sum, the officer exceeded the scope of a permissible investigation by continuing to detain Duncan and asking for her consent to search after he completed the traffic stop. Accordingly, the trial court erred in denying Duncan’s motion to suppress.
Judgment reversed.
Notes
The State argues that the officer requested consent to search before completing the traffic stop, but this contention is belied by the officer’s own uncontradicted testimony.
See also Bennett v. State,
Concurrence Opinion
concurring in judgment only.
I concur in judgment only because I do not agree with all that is said in the majority opinion. As such, the majority’s opinion decides only the issues presented in the case sub judice and may not be cited as binding precedent. See Court of Appeals Rule 33 (a).