Criminal defense lawyer wins appeal in Georgia drug case
The Georgia Court of Appeals recently decided that a driver displaying nervousness, a failure to make eye contact, and certain indicators of drug use during a routine traffic stop do not constitute reasonable suspicion necessary to search the vehicle for weapons.
In Bell v. State, Bell and his passenger were stopped by two Catoosa County Sheriff’s officers for traveling 39 in a 25 mph zone. The officers approached the sides of the vehicle and spoke with both men. Both officers noticed that the men refused to make eye contact and that Bell seemed very nervous and appeared to be under the influence of a drug. One officer stated that Bell had a very dry mouth and that his eyes were slightly closed which was consistent with drug use.
Upon noticing these peculiarities, the officer asked Bell if he could search the vehicle, but Bell refused. The officer then requested that a K-9 unit be dispatched from another county. One officer had also noticed an expandable baton in the cup holder next to Bell. Since the K-9 would take a while to arrive, the officers ordered Bell and the passenger out of the car to alleviate any threat that may come from the baton, and the two men were then patted down for weapons. No weapons were found.
While searching the vehicle for additional weapons, the officers found a bag under the seat which contained scales and suspected methamphetamine. The officers found additional contraband inside a water bottle under the passenger seat. Bell and the passenger were subsequently charged for possessing the contraband.
In its decision, the Court of Appeals noted that the general rule is that an officer can only detain someone after the conclusion of a traffic stop if there is reasonable suspicion of criminal activity. The only possible reasonable suspicion of a crime under these circumstances would have been that Bell was driving under the influence. However, the officers performed no sobriety tests and did not hold Bell to perform a DUI investigation. The men were simply being detained until the K-9 unit could arrive to search for drugs. The court reasoned that nervousness and dry mouth alone cannot constitute reasonable suspicion necessary to detain a suspect for the suspicion of drug possession. Thus, the search of the vehicle was performed after Bell was illegally detained, and as a result, the trial court should have suppressed the contraband found during that search.
In most drug cases, the traffic stop is a critical issue in a successful defense of the case. If the defense lawyer is able to show that the stop was not proper, the evidence will be suppressed and the case usually dropped. Our criminal defense lawyers have won many motions to suppress in drug cases like this, and have insured that the constitutional rights of our clients are protected.
