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State v. Heredia

The arresting officer had authority to arrest defendant for traffic violations outside of the officer's jurisdiction.

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The state appeals from the trial court’s order granting Kevin Heredia’s motion to suppress. The record shows that the trial court granted the motion for four reasons: 1 a Cobb County police officer arrested Heredia within the City of Kennesaw city limits and therefore had no jurisdiction; 2 Heredia’s right to an independent chemical test was compromised by the officer changing his request for a breath test to blood and urine tests; 3 the State conducted an improper impound search of Heredia’s car; and 4 the police commingled marijuana found in two different locations in the car into a single evidence bag. Because none of these grounds support the trial court’s grant of the motion to suppress, we reverse.

The record shows that a Cobb County police officer stopped Heredia in the City of Kennesaw because he was weaving in a lane. After administering field sobriety tests, the officer arrested Heredia for driving under the influence and failure to maintain a lane. He then asked another officer to search Heredia’s vehicle incident to his arrest and for inventory purposes. The searching officer found loose marijuana in the console area and additional marijuana in a pill bottle located in the glove box. These findings resulted in an additional charge against Heredia for violating the controlled substances act. After the marijuana was discovered, the arresting officer reread the implied consent warning to Heredia and changed his request for a breath test to a request for blood and urine tests. The officer never tested Heredia’s breath and Heredia made no request for independent tests.

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