{"id":9097,"date":"2013-12-10T07:21:49","date_gmt":"2013-07-21T00:13:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-07-20T11:54:23","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9097","title":{"rendered":"GA: Stop was prolonged unnecessarily and became unreasonable"},"content":{"rendered":"

The officer did not act promptly after he claimed he developed reasonable suspicion to call the dogs out. He made small talk, didn\u2019t ask for consent, and then decided to call for the drug dog, so the stop was unreasonably extended. Nash v. State<\/a>, 323 Ga. App. 438, 746 S.E.2d 918 (2013):<\/p>\n

<\/p>\n

The officer testified that he had suspected criminal activity much earlier in the stop because of the air fresheners and conflicting stories \u2014 which then precipitated his call for officer backup \u2014 yet he did not at that time inquire into whether the men had illegal substances in the car, nor did he ask for consent to search, or request the K-9 unit. Instead, the officer continued with the investigation of the window tint violation, and even completed the warning citation and gave the driver back his driver’s license. At that point, even though suspicious of criminal activity much earlier in the interaction, he then questioned the men about illegal contraband, asked for consent to search, and requested a K-9 unit that was almost 30 miles away. See e.g. Weems v. State, 318 Ga. App. 749, 752 (1) (734 SE2d 749) (2012) (no apparent reason existed to justify the officer’s decision to continue to detain defendant, particularly since he had already written defendant a warning citation before he inquired into other criminal activity); Compare Sommese v. State, 299 Ga. App. at 669-670 (1) (b) (rejecting appellant’s claim that traffic stop was unreasonably prolonged by officer waiting for back-up when officer was otherwise engaged in other tasks and had not yet completed citation paperwork when back-up arrived); Bowens v. State, 276 Ga. App. 520, 521-22, n.3 (623 SE2d 677) (2006) (upholding as reasonable free-air search of vehicle conducted while officer awaited results of license check); Byers v. State, 272 Ga. App. 664, 665-666 (613 SE2d 193) (2005) (concluding that free-air search conducted while officer was writing traffic citation was lawful and did not expand the scope of the stop).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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