Carnes v. State

The evidence did not suggest that the arresting officer unreasonably prolonged a valid traffic stop, since the total time from when the officer activated his lights to the defendant's arrest was less than five minutes.

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This is a traffic stop case. Following a bench trial on stipulated evidence, Jeremy Shawn Carnes was convicted of possession of less than one ounce of marijuana, possession of a drug related object two counts, and violation of a license tag light requirement. On appeal he contends the trial court should have granted his motion to suppress the evidence obtained during the traffic stop. A trial judge’s findings of fact on a motion to suppress should not be disturbed if there is any evidence to support them; determinations of fact and credibility must be accepted unless clearly erroneous; and the evidence must be construed in favor of the trial court’s findings and judgment. Tate v. State, 264 Ga. 53, 54 1 440 SE2d 646 1994; Jackson v. State, 258 Ga. App. 806, 807-808 2 575 SE2d 713 2002.

Carnes does not contend the trial court erred with regard to the main findings of fact. Construed in favor of the ruling, the facts show that at about midnight one evening Deputy Jeremy Thompson pulled Carnes over because his license tag light was not illuminated and because Carnes had gone past the balk line at a red light and continued to inch forward into the intersection anticipating the green light. Thompson then smelled the strong odor of cologne coming from Carnes’s car, which, his experience told him, was often a sign of someone attempting to mask the odor of alcohol or drugs. Thompson asked for Carnes’s license and observed that Carnes had red eyes. Carnes got out of his car at Thompson’s request, and Thompson explained why he stopped him and asked him general questions during which Carnes indicated he had no objection to an alcohol sensor test. Thompson also intended to radio Carnes’s driver’s license information for a computer check. Thompson continued to converse with Carnes, whereupon Carnes became argumentative and interrupted Thompson repeatedly.

Carnes v. State

The evidence did not suggest that the arresting officer unreasonably prolonged a valid traffic stop, since the total time from when the officer activated his lights to the defendant's arrest was less than five minutes.

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