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Salmeron v. State

The arresting officer did not unreasonably expand the scope or duration of a valid traffic stop when he asked for and was granted permission to search the defendant's car while he was issuing the citation.

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Following a bench trial, the court found Omar Salmeron guilty of trafficking in cocaine. On appeal, Salmeron contends that the trial court erred in denying his motion to suppress. For reasons that follow, we disagree and affirm. “On appeal from a denial of a motion to suppress, we construe the evidence in favor of the trial court’s ruling, and the trial court’s application of law to undisputed facts is subject to de novo review.”1 Viewed in this manner, the record shows that on December 11, 2002, Henry County Police Officer Mike Freeman was patrolling traffic on I-75 when he saw a Chevrolet Malibu that was following another vehicle too closely. According to Freeman, after the driver “mashed the brakes,” he noticed that one of the Malibu’s brake light was not functioning. Thus, Freeman pulled the car over.

Freeman asked the driver, Salmeron, for his driver’s license and insurance information, which Salmeron provided. As he does with all individuals he stops for traffic violations, Freeman asked Salmeron to exit the car for safety purposes. Salmeron walked with Freeman to the rear of the car, and Freeman began filling out the citation. While writing the citation, Freeman engaged in “some small talk” with Salmeron, asking him about his travel plans. According to Freeman, Salmeron said that he had family in Atlanta, which he had been visiting for a few days.

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