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State v. Whitlow

The officer lacked probable cause to detain defendants and call in a drug detection dog after the defendants refused to consent to a search of their rental car following a routine traffic stop.

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After marijuana was found in their car during a traffic stop, Carnell Whitlow and Quintin Jackson were charged with violations of the Georgia Controlled Substances Act. The State appeals the trial court’s grant of their motions to suppress the evidence. Viewing the evidence in a light most favorable to the trial court’s judgment, we affirm.

After observing a car weaving in and out of its lane of traffic on Interstate 20, Douglasville Police Officer Wade Rogers effected a traffic stop to check the sobriety of the driver, Whitlow. According to Rogers, Whitlow produced a valid driver’s license, gave no indication that he was under the influence of alcohol or drugs, although he was very nervous, and sought to explain his irregular driving by stating that he was operating a rental car and was unfamiliar with the way it handled. He also informed Rogers that he was returning to Alabama after having been in the Campbellton Road area of Atlanta.

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