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Berry v. State

Watson v. State, 190 Ga. App. 696 379 Se2d 817 1989 is overruled to the extent that it authorizes a traffic stop based on the possibility that a dealer's drive-out tag might be implicated in a car theft.

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Pursuant to the grant of an interlocutory appeal, Henry Lorenzo Berry appeals the superior court’s denial of his motion to suppress evidence seized from his car after a traffic stop. He contends the trial court erred by holding that the search did not violate Art. I, Sec. I, Para. XIII of the Georgia Constitution 1983, or OCGA § 17-5-1.

The entire incident was videotaped by a camera in the police car and the video was shown to the court. The video and the officer’s testimony shows that Berry was traveling alone at about 10:00 a.m. when he was stopped on I-20 by a City of Conyers police officer for driving a car with a dealer’s drive-out license tag. The officer was a narcotics officer who apparently was on routine patrol with his drug dog and his partner. The video shows that the two police officers approached the car on both sides and looked in the car.

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