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Sherod v. State

Viewing the totality of the circumstances, including the officer's experience and training, the Court found that the officer had reasonable articulable suspicion of other illegal activity to justify further detaining the defendant in order to conduct a K-9 sniff after concluding the initial traffic stop.

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In this interlocutory appeal, Timothy Lewis Sherod challenges the trial court’s denial of his motion to suppress evidence that was discovered after a traffic stop and subsequent search of the tractor-trailer he was driving. Sherod argues the court erred in denying his motion to suppress the evidence when 1 the traffic stop was unlawfully prolonged and lacked reasonable articulable suspicion, and 2 the drug-detection canine did not provide probable cause to search. For the reasons set forth infra, we affirm.

At the outset, we note that the Supreme Court of Georgia has reiterated three fundamental principles to follow in reviewing a ruling upon a motion to suppress. First, the trial judge sits as the trier of fact at a hearing on a motion to suppress.1 And because the trial judge hears the evidence, the judge’s findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support them.2 Second, the trial judge’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous.3 Finally, we as the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.4

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