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Nash v. State

The additional 20-minute detention after the officer issued a warning citation for a window tint violation was neither brief nor justifiable in its length to confirm or dispel any suspicions of criminal activity quickly.

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After the traffic stop of the vehicle in which they were passengers, Kashif Nash and Antoine Davis were indicted on charges of possession of marijuana Nash and Davis, and possession of cocaine with intent to distribute and trafficking in methamphetamine Davis. Nash and Davis filed interlocutory appeals from the trial court’s denial of their motions to suppress evidence obtained as a result of the traffic stop. The appeals—Case No. A13A0200 and Case No. A13A0201—have been consolidated for purposes of our review. For the reasons discussed below, we reverse.

At a hearing on a motion to suppress, “the trial judge sits as the trier of fact.” State v. Hamby, 317 Ga. App. 480, 481 731 SE2d 374 2012. When this Court reviews the grant or denial of a motion to suppress, we construe the evidence “most favorably to uphold the findings and judgment of the trial court, and that court’s findings as to disputed facts and credibility must be adopted unless clearly erroneous.” Id. Upon our review, however, we owe “no deference to the trial court’s conclusions of law” and are instead “free to apply anew the legal principles to the facts.” Punctuation omitted. Martin v. State, 316 Ga. App. 220, 220 729 SE2d 437 2012.

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