549 S.E.2d 826 | Ga. Ct. App. | 2001
Following a bench trial in a civil forfeiture proceeding, the court determined that a Ford F-250 wrecker and $2,164 in U. S. currency were forfeited to the State. The trial court, however, enjoined the State from enforcing the judgment until completion of the appellate process. Kirby Gary filed this appeal to contest the legality of the search of his truck during which plastic bags containing 68.4 grams of methamphetamines were discovered. For the reasons set forth below, we affirm.
In a civil forfeiture proceeding, the trial court sits as the trier of fact, and its findings will not be disturbed if there is any evidence to support them. See OCGA § 16-13-49 (o) (5), (p) (6); Lyon v. State of Ga.
1. Gary contends that the trial court erred by failing to conclude that the warrantless detention and search of his vehicle were impermissibly and unreasonably expanded without probable cause and without articulable suspicion.
To justify additional questioning of a driver and the search of a vehicle following a routine traffic stop, an officer must have reasonable suspicion of criminal conduct. Parker v. State.
Here, uniformed officers manning a checkpoint observed a driver suddenly brake and turn his vehicle into a driveway just short of their checkpoint. Prior to the abrupt turn, the driver had not used a turn signal, and his rear vehicle lacked tow lights. After witnessing these traffic violations, Deputy Trudnak was plainly authorized to stop Gary. See Buffington v. State.
2. Gary contends that the trial court erred in determining that based on the totality of the circumstances, probable cause existed to search his vehicle. On the contrary, the drug dog’s alert to the exterior of the vehicle established probable cause to search the truck. Roundtree v. State.
Judgment affirmed.
Lyon v. State of Ga., 230 Ga. App. 264 (495 SE2d 899) (1998).
Parker v. State, 233 Ga. App. 616, 617-618 (1) (504 SE2d 774) (1998).
State v. Causey, 246 Ga. App. 829, 831 (1) (540 SE2d 696) (2000).
Buffington v. State, 229 Ga. App. 450, 451 (494 SE2d 272) (1997).
State of Ga. v. Montford, 217 Ga. App. 339, 340-341 (1) (457 SE2d 229) (1995).
Edwards v. State, 239 Ga. App. 44, 46 (1) (518 SE2d 426) (1999).
Roundtree v. State, 213 Ga. App. 793, 794-795 (446 SE2d 204) (1994).