566 S.E.2d 836 | Ga. Ct. App. | 1988
Oliver Mayfield brings this appeal from his convictions of trafficking in cocaine and possession of marijuana with intent to distribute.
Appellant contends in his sole enumeration of error that the trial
The trial court did not err by denying the motion to suppress. We do not agree with appellant’s argument that Trooper Bennett could not legally have stopped appellant for changing lanes in violation of OCGA § 40-6-123 (b). In the absence of any signal visible in the darkness, the trooper had probable cause to stop the vehicle for a possible violation of OCGA § 40-6-123 (b) and was not obligated to assume appellant had vainly indicated such lane changes by means of hand and arm signals, the alternate method for signalling lane
We do not agree with appellant that Trooper Bennett’s subsequent search of the tote bags in the trunk was improper where the evidence supports a finding that appellant, after revoking his earlier withdrawal of consent to search and telling the trooper to go ahead, placed no limits on the scope of that search. See Bell v. State, 162 Ga. App. 79, 81 (290 SE2d 187) (1982). Appellant’s final argument regarding Trooper Bennett’s failure to advise him that he could withhold his consent to the search has long been rejected as not essential to the validity of a consent to search a car. Woodruff v. State, 233 Ga. 840, 844 (3) (213 SE2d 689) (1975). Also, we note that appellant’s refusal to allow the trooper to view the contents of the box, although subsequently revoked, indicates appellant was well aware of his right to refuse to consent to a search.
Judgment affirmed.