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Anderson v. State1/12/2004
N10] We decline to accept Anderson's argument that a request for consent to search, in and of itself, constitutes a continued detention and questioning. [FN11]
FN10. See, e.g., State v. Gibbons, 248 Ga.App. 859, 547 S.E.2d 679 (2001); State v. Jones, 252 Ga.App. 404, 406(1), 556 S.E.2d 495 (2001); Migliore v. State of Ga., 240 Ga.App. 783, 784, 525 S.E.2d 166 (1999).
FN11. See Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). Accord Navicky v. State, 245 Ga.App. 284, 285(2), 537 S.E.2d 740 (2000); Gamble v. State, 223 Ga.App. 653, 656(3), 478 S.E.2d 455 (1996); Kan v. State, 199 Ga.App. 170, 171(1), (2), 404 S.E.2d 281 (1991).
Meritless also is Anderson's contention that he was "not free to go" because Clemones' vehicle was blocking his. Testimony at the suppression hearing shows that the deputy's single request for consent to search occurred before any attempt to leave could possibly have been made by either party, and Anderson consented to such search before the issue of departure was presented. Moreover, the evidence shows that Clemones did not deliberately block Anderson's car in order to prevent him from leaving, but initially pulled in behind Anderson because he "had to put [his] car somewhere." Accordingly, it is clear that the position of Clemones' vehicle did not "prevent" Anderson from leaving; his consent to a search forestalled such act.
Having effected a valid traffic stop, the officer was authorized to request consent to search the automobile. The stop did not exceed the bounds of a brief investigative detention, so [Anderson's] consent to search was not the product of an illegal detention. The evidence supports the court's finding that his consent was freely and voluntarily given. [FN12]
FN12. (Punctuation and footnotes omitted.) Navicky v. State, supra at 285(2), 537 S.E.2d 740.
Judgment affirmed.
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