Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Taylor v. The State

The trial court properly denied defendant's motion to suppress evidence obtained from a search of his vehicle during a traffic stop because the officer who stopped defendant articulated a reasonable suspicion of criminal activity under the totality of circumstances sufficient to allow him to detain defendant for further investigation.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Bethel, Judge.Derwin Miles Taylor appeals from the denial of his motion for a new trial following his conviction on a single count of trafficking in marijuana, for which he was sentenced to 30 years imprisonment. On appeal, as in his motion for a new trial, he contends that the trial court erred in pretrial proceedings by denying his motion to suppress evidence obtained from a search of his vehicle during a traffic stop. Because we agree with the trial court that the law enforcement officer who stopped Taylor articulated a reasonable suspicion of criminal activity sufficient to allow him to detain Taylor for further investigation, we affirm the trial court’s denial of Taylor’s motion to suppress and his motion for a new trial.

On appeal from a denial of a motion to suppress, “this Court must construe the evidence most favorably to uphold the ruling of the trial court.” Jones v. State, 253 Ga. App. 870, 870 (560 SE2d 749) (2002) (citation omitted). The “trial court’s application of law to facts which are undisputed is subject to de novo review.” Id. (citation omitted).Here, the relevant evidence consisted entirely of testimony at a hearing on Taylor’s motion to suppress by the deputy who performed the search on Taylor’s vehicle. The deputy was a canine handler with the county’s uniform patrol division. He testified that he stopped Taylor while driving on Interstate 75 for failure to maintain lane and for having window tint that was too dark. As Taylor was providing the deputy with his license and registration, the deputy observed in Taylor’s car numerous air fresheners and packages that were releasing an “overwhelming” odor of air freshener. The deputy also noticed Taylor’s hands shaking as he provided his license and registration, a reaction the deputy took as a sign of nervousness on Taylor’s part.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements