{"id":7884,"date":"2013-02-09T09:42:07","date_gmt":"2012-10-27T12:24:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-10-27T12:24:17","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7884","title":{"rendered":"GA: Officer’s discovery seatbelt was buckled did not constitutionally mandate ending stop"},"content":{"rendered":"

Defendant was stopped for a seatbelt violation, but the officer found that the seatbelt was tucked under the arm and was legal. The stop being initially lawful, the officer was not obligated to end the stop and let the defendant go immediately. Davis v. State<\/a>, 318 Ga. App. 166, 733 S.E.2d 453 (2012):<\/p>\n

Similarly, Davis’s argument that the traffic stop was impermissibly prolonged when the officer failed to walk away immediately after noticing that the shoulder strap safety belt was tucked under Davis’s arm is without merit. This is so because once a legal stop is made, an officer \u201cmay request and examine a driver’s license and vehicle registration and run a computer check on the documents.\u201d Such a routine inquiry does not impermissibly prolong the traffic stop. Officer Starling’s testimony is clear that he noticed Davis attempting to hide the marijuana at essentially the same time he noticed that Davis had the shoulder strap safety belt under his arm and as Davis was complying with the officer’s request for driver’s license and proof of insurance. Thus, we find that the initial stop, as well as the brief detention, was authorized.<\/p><\/blockquote>\n

Officer\u2019s testimony he saw the defendant pull a bag of cocaine out of his pocket was sufficient to support the arrest. Horne v. State<\/a>, 318 Ga. App. 484, 733 S.E.2d 487 (2012).*<\/p>\n

A parolee\u2019s signing of a consent to search as a condition of parole is not unreasonable or unconstitutional, just because the inmate must choose between getting out early or staying in jail to be free from parole searches. United States v. Lamell, 2012 U.S. Dist. LEXIS 153424 (D. Vt. October 25, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7884","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7884","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7884"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7884\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7884"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7884"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7884"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}