State v. Mauerberger

The officer's questions about weapons and drugs and his request for consent to search did not prolong, continue or otherwise extend the defendant's lawful detention during a traffic stop.

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Pursuant to OCGA § 5-7-1 a 4, the State appeals from an order of the Lowndes County State Court granting Stuart H. Mauerberger’s motion to suppress marijuana evidence found in his car pursuant to a consent search carried out during a traffic stop. Because the state court’s decision was based upon a misapplication of the law, we must reverse. “When we review a trial court’s decision on a motion to suppress, the evidence is construed most favorably to uphold the findings and judgment of the trial court; the trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous and will not be disturbed if there is any evidence to support them.” Allenbrand v. State , 217 Ga. App. 609 458 SE2d 382 1995. Where the evidence is uncontroverted, and no question about the credibility of witnesses is presented, the trial court’s application of law to the undisputed facts is subject to de novo appellate review. Vansant v. State , 264 Ga. 319, 320 443 SE2d 474 1994.

The transcript of the motion to suppress hearing shows the following. During the evening of February 11, 2004, a police officer stopped Mauerberger for failing to make a complete stop at a stop sign and for failing to use his turn signal. The officer told Mauerberger why he had stopped him and asked for his driver’s license. As soon as he received Mauerberger’s license, the officer “ran a check” on it. While the officer was waiting for his dispatcher to verify the validity of Mauerberger’s driver’s license, he asked for and received consent to search the car for weapons and contraband. During the search of the car, the officer found marijuana in Mauerberger’s ashtray. Consequently, the officer placed Mauerberger under arrest for possession of marijuana.

State v. Mauerberger

The officer's questions about weapons and drugs and his request for consent to search did not prolong, continue or otherwise extend the defendant's lawful detention during a traffic stop.

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