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Rogers v. State

The defendant's consent to an officer's request to search his vehicle was not the product of an unreasonably prolonged detention, as the evidence showed that only six or seven minutes elapsed between the initiation of the stop and the request to search.

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After a bench trial, the trial court found Anthony Markette Rogers guilty of trafficking in methamphetamine. Rogers appeals, contending that the trial court erred in denying his motion to suppress the methamphetamine because his consent to search was the product of an unreasonably prolonged detention. For the reasons discussed below, we affirm.

“In reviewing a trial court’s order on a motion to suppress, we construe the evidence most favorably to uphold the court’s findings and judgment.” Humphreys v. State, 304 Ga. App. 365 696 SE2d 400 2010. Construed in that manner, the evidence shows that on the night of March 27, 2007, an officer with the City of Douglasville Police Department was on patrol duty on Interstate 20. The officer was assigned to the F. I. N. D. Felony Interception and Narcotics Detection unit and had conducted “thousands” of traffic stops over the course of his career, including many stops where the occupants were transporting illegal drugs. While parked in a stationary position perpendicular to the highway, the officer saw a vehicle pass his patrol car that failed to maintain its lane. The officer began following the vehicle, observed that it was weaving within its own lane of travel, and initiated a traffic stop.1

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