Jose Vazquez v. State
Jose Vazquez v. State
Opinion
*174 On April 11, 2013, a law enforcement officer stopped a car on an interstate highway for a window tint violation. Jose Vazquez was driving the car and Hortencia Flores-the car's owner-was a passenger. During the course of the traffic stop, both Flores and *175 Vazquez consented to a search of the car, in which methamphetamine was found, and after a bench trial they were convicted of trafficking in methamphetamine. See OCGA § 16-13-31 (e). In these consolidated appeals, Flores and Vazquez challenge the trial court's denial of their motion to suppress the methamphetamine found in Flores's car, arguing that their consent was invalid because the traffic stop was unreasonably prolonged. But the evidence supports the trial court's ruling, so we affirm in both cases. *92 1. Facts.
"When reviewing the grant or denial of a motion to suppress, an appellate court must construe the evidentiary record in the light most favorable to the trial court's factual findings and judgment. An appellate court also generally must limit its consideration of the disputed facts to those expressly found by the trial court."
Caffee v. State
,
So viewed, the record establishes that slightly less than 30 minutes elapsed from the beginning of the traffic stop to the point at which law enforcement officers searched the vehicle. The following activities took place during those 30 minutes. An officer pulled over the vehicle for a suspected window tint violation. He briefly spoke with Vazquez, then tested the window tint and determined that it was too dark. The officer took Vazquez's drivers license and asked him to step out of the vehicle. He then engaged Vazquez in conversation for approximately two minutes, explaining that the tint was too dark *176 and, because the vehicle had a license plate from another state, asking where they had been. During this interaction, Vazquez's hands were shaking, he was breathing rapidly, and he did not make eye contact.
Less than four minutes into the traffic stop, the officer returned to the vehicle to retrieve identification from and speak with Flores. He verified that she was the owner of the vehicle. Flores gave the officer a reason for their trip to Georgia that differed from what Vazquez had told him. The officer tried to explain the window tint violation to Flores but was unsure if she understood him, because her primary language is Spanish. For that reason, the officer asked for a Spanish-speaking officer to come to the scene.
Approximately six minutes into the traffic stop, the officer returned to his police vehicle. During that time, he checked Vazquez and Flores's identification and took steps to issue a traffic citation. Approximately 19 minutes into the traffic stop, the Spanish-speaking officer arrived and began speaking with Flores about the nature of the citation. During their conversation, Flores volunteered-without being asked-that the officers could search her vehicle.
Approximately 25 minutes into the traffic stop, the first officer handed Vazquez the citation and his drivers license and Flores got out of the vehicle. Around that time, the first officer asked Vazquez for consent to search the vehicle, and Vazquez agreed. Another officer with a narcotics dog had arrived, and approximately 27 minutes into the traffic stop the dog indicated the presence of drugs in the vehicle. At that point, the officers searched the vehicle and discovered methamphetamine.
2. The trial court did not err in denying the motion to suppress, because the search was conducted pursuant to the valid consent of Flores and Vazquez.
The trial court denied the motion to suppress, finding that during the traffic stop both Flores (the vehicle's owner) and Vazquez (the vehicle's driver) had given valid consent to the search that led to the discovery of the methamphetamine. Valid consent is an exception to the Fourth Amendment's warrant requirement. See
Caffee
,
*93
Flores and Vazquez argue that their consent was not voluntary because the traffic stop had been unreasonably prolonged when they consented to the search. See
Hayes v. State
,
*177 As our Supreme Court has explained, a
"seizure that is justified solely by the interest in issuing a warning ticket to the driver can become unlawful if it is prolonged beyond the time reasonably required to complete that mission." Thus, "the tolerable duration of police inquiries in the traffic-stop context is determined by the seizure's 'mission'-to address the traffic violation that warranted the stop, and attend to related safety concerns."
State v. Allen
,
Flores and Vazquez argue that nearly all of the officers' actions were unnecessary to fulfill the purpose of the stop. But officers may, without unreasonably prolonging a stop, ask the driver to step out of the vehicle; verify the driver's license, insurance, and registration; complete any paperwork connected with the citation or written warning; and determine if there are any outstanding warrants for the driver or the passengers.
Hayes
,
The trial court determined that the involvement of the Spanish-speaking officer was needed to fulfill the purpose of the stop, and we find no error in this determination. An officer's mission in a traffic stop ordinarily includes activities that serve the objective of "ensuring that vehicles on the road are operated safely and responsibly."
Rodriguez
, --- U. S. at ---- (II),
Because the evidence supports the conclusion that the traffic stop had not ended when the officers obtained consent to search the car, the trial court did not err in denying the motion to suppress the evidence obtained through that search. See
Bryant v. State
,
Judgments affirmed.
Ray and Rickman, JJ., concur.
The new trial order included a recitation of the trial testimony of several law enforcement officers and an express finding by the trial court that the officers' testimony was consistent with the video recording of the traffic stop. We therefore construe the trial court's recitation of the officers' testimony to constitute express factual findings that we may consider on appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.