Henderson v. State
Henderson v. State
Opinion of the Court
Following a bench trial, Matthew Joseph Henderson was convicted of a seat belt violation and possession of methamphetamine. In his sole enumeration of error, Henderson challenges the denial of his motion to suppress. We discern no error and affirm.
Construed in favor of the trial court’s ruling,
Henderson argues that Officer Wilkinson impermissibly expanded the scope of the traffic stop by questioning him about weapons and drugs. He contends this type of questioning was unrelated to the seat belt violation. Henderson does not argue that Officer Wilkinson’s questioning of him about weapons and drugs extended or prolonged the detention. Indeed, the videotape plainly shows that Officer Wilkinson’s questions to Henderson in no way delayed, extended, prolonged, or interrupted Officer Prince’s writing of the citation.
We note initially that the stop of Henderson’s vehicle was permissible as it was based on probable cause.
Indeed, just a few months ago in State v. Sims
Thus, it is not the nature of the questions which offends the Fourth Amendment; it is whether in asking the questions the officer impermissibly detains the individual beyond that necessary to investigate the traffic violation precipitating the stop. That is a key point focused on recently by this Court in State v. Gibbons.
The second special concurrence agreed. Citing United States v. Pruitt,
Here the questions about weapons and drugs and the request to search did not prolong, continue, or otherwise extend Henderson’s detention. Officer Prince was less than two minutes into filling out the citation for the seat belt violation when Officer Wilkinson asked Henderson about weapons and drugs and asked for consent to search the vehicle. Thus, at the time consent was given, the police had done nothing improper, and the consent was valid. Although the search of Henderson’s vehicle continued for three minutes after the traffic citation was handed to him, he had voluntarily consented to the search before the processing of the traffic violation was complete. Thus, the search was proper,
The court did not err in denying Henderson’s motion to suppress.
Judgment affirmed.
Tate v. State, 264 Ga. 53, 54 (1) (440 SE2d 646) (1994).
Harris v. State, 239 Ga. App. 537, 540 (2) (a) (521 SE2d 462) (1999); Davis v. State, 232 Ga. App. 320, 321 (1) (501 SE2d 836) (1998).
Kan v. State, 199 Ga. App. 170, 171 (2) (404 SE2d 281) (1991), quoting Pupo v. State, 187 Ga. App. 765, 766 (2) (371 SE2d 219) (1988); accord Gamble v. State, 223 Ga. App. 653, 656 (3) (478 SE2d 455) (1996).
248 Ga. App. 277 (546 SE2d 47) (2001).
Id., quoting Florida v. Bostick, 501 U. S. 429, 434 (111 SC 2382, 115 LE2d 389) (1991).
(Emphasis in original.) Sims, supra, 248 Ga. App. at 279.
(Emphasis in original.) Id. at 280.
248 Ga. App. 859 (547 SE2d 679) (2001).
Id. at 860-863 (2).
See id. at 872 (Eldridge, J., dissenting).
(Emphasis supplied.) Id. at 864 (Pope, P. J., concurring specially).
174 F3d 1215 (11th Cir. 1999).
Gibbons, supra, 248 Ga. App. at 868 (Ruffin, J., concurring specially).
236 F3d 1274 (11th Cir. 2001).
(Citation and punctuation omitted.) Id. at 1280 (II) (B).
248 Ga. App. 874 (547 SE2d 664) (2001).
Id. at 881 (4).
Id.; see id. at 887 (Ruffin, J., concurring specially) (“the period of detention was unnecessarily long because the officer delved into these other matters”) (emphasis in original).
Id. at 882 (4).
Gamble v. State, 223 Ga. App. 653, 656 (3) (478 SE2d 455) (1996).
Santana v. State, 197 Ga. App. 204 (1) (397 SE2d 629) (1990).
Concurring Opinion
concurring specially.
I concur with the judgment in this case. I write because it bears recognition that not four months after deciding State v. Gibbons, 248 Ga. App. 859 (547 SE2d 679) (2001), we are trying to find a way around its irrational holding, which has already become the basis for numerous appeals.
No matter how artfully the majority attempts to distinguish this case from Gibbons by suggesting two officers make a difference because the drug questioning does not then “prolong” a valid seat belt detention, there is no difference between Gibbons and the instant case.
Here, as in Gibbons, in the middle of a brief (four-minute) lawful detention for seat belt violation, an officer asked about drugs and requested consent to search. In Gibbons, this Court held specifically that it was the content of the officer’s questions, themselves, that made the detention illegal.
The officer only had probable cause to stop the driver for a specific traffic violation, and the permissible scope of the detention was limited to investigating and prosecuting only that violation. . . . The officer’s probing interrogation was unrelated to the [seat] belt violation, no matter when it occurred. . . . [T]he continued detention became illegal because of the inappropriate questioning.29
In both Gibbons and Berry v. State,
And giving pause especially is the majority’s invocation of United States v. Purcell,
In a word, I concur with the judgment in this case. I welcome the retrenchment from Gibbons. And I predict ever more novel and interesting methods of attempting to circumvent its eminently wrongheaded holding until reversal is finally demanded — or, as reflected in the instant case, sufficient contrary precedent is established to allow us to disregard Gibbons totally as we evolve into the law as put forward in Purcell, i.e., “only unrelated questions which unreasonably prolong the detention are unlawful.”
Contrary to the majority’s assertion, only two judges — not six —joined with Judge Pope’s special concurrence in Gibbons which tried to temper the effect of the majority opinion. Unfortunately, it could not because the facts in Gibbons could not be altered, i.e., during a brief (four-minute) valid detention for seat belt violation, the officer questioned Gibbons about drugs before issuing him a citation.
Supra at 860-863.
Id. at 863.
(Emphasis supplied.) Id. at 868 (Ruffin, J., concurring specially).
248 Ga. App. 874 (547 SE2d 664) (2001).
236 F3d 1274 (11th Cir. 2001).
State v. Gibbons, supra at 870-871 (Eldridge, J., dissenting).
Id., citing United States v. Purcell, supra at 1280.
Reference
- Full Case Name
- Henderson v. the State
- Cited By
- 23 cases
- Status
- Published