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State v. Silva

Under the circumstances, the arresting officer was entitled to keep the defendant under investigatory detention until he determined whether there was a weapon under the seat of the defendant's car.

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The State appeals the trial court’s grant of Edward Silva’s motion to suppress the brick of marijuana found under the passenger seat of his car following a traffic stop for speeding. Because we conclude that the officer, having made a valid traffic stop for speeding, was properly conducting a limited search for weapons when he encountered the “plain smell” of marijuana, we reverse. “Where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review.” Vansant v. State , 264 Ga. 319, 320 443 SE2d 474 1994.

Gainesville Police Officer Von Essen was on patrol, set up beside the road with his marked patrol car facing oncoming traffic around 7:40 p.m. While using his Pro Laser III to check the speed of vehicles coming into the city, he observed Silva’s red Chevrolet Corsica rapidly approaching him and aimed the laser at him, clocking him at 74 mph in a 45 mph zone. Von Essen activated his blue lights as Silva approached and a car several hundred feet ahead of Silva stopped, although Silva did not. As Silva’s car went by his patrol car, Von Essen could see Silva leaning at approximately a 45 degree angle toward the passenger’s seat with his right arm extended into the area beneath the passenger’s seat.

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