Legal Question in Criminal Law in Georgia

fourth ammendment

an individual is followed from one county in georgia to the next and then detained by a county policeman from the county he just came. No reason for the stop is given buy he is told to exit the vehicle and wait while they bring a dog to walk around the car, which is routine he is told. The dog patrol is from the county which he previously came. The dog hits on the trunk of the car and 9 oz of cocaine are found along with 800 hit's of x. The individual is arrested and charged with trafficing and possession with intent to distribute. Is the search legal and would a motion to supress evidence be upheld?


Asked on 2/10/01, 11:23 pm

1 Answer from Attorneys
William Head Head, Thomas, Webb & Willis, LLC

Re: fourth ammendment

An officer must have a legal reason to stop the car. However, it depends how long the detention was on the side of the road before the drug dog got there. Also, it depends on why the officer suspected there were drugs in the car. A motion to suppress is the best way to win the case. Please call me at 404-250-1113 to discuss further.

Larry Kohn, Attorney at Law

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Answered on 3/26/01, 9:17 am


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