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Henderson v. State

The officer's questions about weapons and drugs and request for consent to search did not prolong, continue or otherwise extend defendant's lawful detention for a seat belt violation.

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Following a bench trial, Matthew Joseph Henderson was convicted of a seat-belt violation and possession of methamphetamine. In his sole enumeration of error, Henderson challenges the denial of his motion to suppress. We discern no error and affirm.

Construed in favor of the trial court’s ruling,1 the evidence shows that two officers initiated the stop of Henderson’s vehicle because neither Henderson nor his passenger was wearing a seat belt. A videotape of the stop shows that once the officers stopped Henderson, they informed him that he was going to be cited for a seat-belt violation. Officer Prince immediately began writing the citation, which he pursued diligently for the next four minutes. Less than two minutes into Officer Prince’s writing of the citation, Officer Wilkinson asked Henderson if he had any weapons or drugs in the vehicle, to which Henderson responded that he did not. Officer Wilkinson then asked for consent to search the vehicle for illegal weapons or drugs. Henderson consented, and the officer began the search. Officer Prince two minutes later completed the citation and handed it to Henderson, and three minutes later Officer Wilkinson found methamphetamine in the pocket of a pair of pants located on the back seat of the vehicle.

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