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Davis v. State

The police officer's questioning of the passengers in the car after a traffic stop did not extend the scope of the detention nor unreasonably prolong the search, since it occurred within the timeframe necessary to complete the warrant check.

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Following his conviction for possession of marijuana in a stipulated bench trial, Johnny Kimble Davis appeals the denial of his motion to suppress, arguing that the trial court erred in not ruling that the police officer impermissibly extended his detention after a traffic stop. For the reasons noted infra, we affirm.

Construing the evidence most favorably to uphold the trial court’s findings and judgment,1 the record shows that on January 24, 2012, Davis was a passenger in a vehicle traveling on I-75 in Henry County when a police officer stopped the vehicle for failure to maintain lane. On approaching the vehicle, the officer detected the odor of alcohol, and he asked the driver to exit the vehicle to make sure that she was not impaired. After observing that the driver appeared to be “steady on her feet,” the officer decided only to issue a warning citation for failure to maintain lane. The officer then, following normal procedure, ran the driver’s license information through dispatch to make sure that the license was valid and that the driver did not have any outstanding warrants.

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