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Lewis v. State

The trial court properly denied the defendant's motion to suppress drug evidence obtained during a search of his vehicle following a traffic stop, as the arresting officer did not impermissibly prolong the traffic stop before conducting a free-air sniff search with a trained police narcotics dog and obtaining reasonable suspicion to search the vehicle.

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Following a bench trial, Richard Lewis was convicted of possession of less than one ounce of marijuana1 and possession of a drug-related object.2 He now appeals from the denial of his motion for new trial, contending that the trial court erred by denying his motion to suppress evidence obtained during a traffic stop. Specifically, Lewis argues that the arresting officer impermissibly prolonged the traffic stop before conducting a free-air sniff search with a trained police narcotics dog and obtaining reasonable suspicion to conduct a non-consensual search of his vehicle. For the reasons that follow, we affirm.

There are three fundamental principles which must be followed when conducting an appellate review of a trial court’s ruling on a motion to suppress. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his 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. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment. These principles apply equally whether the trial court ruled in favor of the State or the defendant.3

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