 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Whitt11/18/2005
duct made the officer concerned for his safety and made him suspicious of criminal conduct. Although any one of these factors standing alone may have been insufficient to justify a continued detention, based on the totality of the circumstances here, we conclude that Officer Hobbs had a reasonable, articulable suspicion of criminal activity based on more than a mere hunch or inclination, and his continued detention of the suspects was therefore lawful. Anderson v. State, 261 Ga. App. at 659 (continued detention following initial traffic stop justified by articulable suspicion of criminal activity based on suspects' unusual nervousness and conflicting stories); Wiggins v. State, 258 Ga. App. 703, 705 (3) (574 SE2d 896) (2002) (further investigation justified based on driver's nervousness, lack of a valid driver's license or social security number and conflicting stories about his destination); State v. Hall, 235 Ga. App. 412, 415-416 (509 SE2d 701) (1998) (physical precedent only) (vague and conflicting responses sufficient to authorize continued detention once traffic stop had ended); Pitts v. State, 221 Ga. App. 309, 311 (2) (471 SE2d 270) (1996) (further investigation justified by driver's nervousness and driver and passenger gave conflicting accounts of travel itinerary); Roundtree v. State, 213 Ga. App. 793, 794 (446 SE2d 204) (1994) (continued detention justified based on conflicting accounts of driver and passenger and increasing nervousness of driver). Cf. Migliore v. State, 240 Ga. App. 783, 786 (525 SE2d 166) (1999) (continued detention unlawful where occupants were merely nervous and statements contained meaningless inconsistencies); Parker v. State, 233 Ga. App. 616, 618 (504 SE2d 774) (1998) (continued detention unauthorized where the only evidence of reasonable suspicion was nervousness of vehicle's occupants and the officer asked for consent to search "just for the hell of it.")
The trial court's order granting Whitt's motion to suppress is reversed.
Judgment reversed. Smith, P. J., and Ellington, J., concur.
Page 1 2 3 4 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|