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Betancourt v. State

The police detention was not unreasonably prolonged since the officer was still in the process of conducting his investigation when he received consent to search the vehicle.

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Edgar David Betancourt and Oscar Hernandez collectively, “appellants” were jointly tried and convicted on one count of trafficking in cocaine, in violation of OCGA § 16-13-31 a, and Hernandez alone was convicted on one count of obstruction of a law-enforcement officer, in violation of OCGA § 16-10-24 a. In these companion appeals, appellants argue that the trial court erred in denying their motions to suppress physical evidence and in allowing the admission of similar-transaction evidence, and that their respective trial counsel rendered ineffective assistance. For the reasons set forth infra, we affirm in both cases.

Viewed in the light most favorable to the jury’s verdict,1 the evidence presented at trial shows that on the afternoon in question, a police officer with the Gwinnett County Police Department observed a vehicle traveling northbound on Interstate 85 with unlawfully dark window tinting. And as the officer began to follow the vehicle, he noticed that it had a Massachusetts license plate that was partially obscured and that the driver was following too closely to the car in front of it. As a result, the officer initiated a stop of the vehicle.

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