State v. Blair, 521 S.E.2d 380 (Ga. Ct. App. 1999). · Go Syfert
State v. Blair, 521 S.E.2d 380 (Ga. Ct. App. 1999). Cases Citing This Book View Copy Cite
68 citation events (48 in the last 25 years) across 1 distinct court.
Strongest positive: Carl W. McNeil v. State (gactapp, 2021-11-19)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 21 distinct citers.
discussed Cited as authority (rule) Carl W. McNeil v. State
Ga. Ct. App. · 2021 · confidence medium
See Bodiford v. State, 328 Ga. App. 258, 263-264 (1) ( 761 SE2d 818 ) (2014) (officer unreasonably prolonged traffic stop, where officer diverted from communicating with dispatcher about results of license check to have his drug dog perform a free-air sniff around the defendant’s car); Nunnally v. State, 310 Ga. App. 183, 186-187 (1) ( 713 SE2d 408 ) (2011) (officer unreasonably prolonged traffic stop, where officer “temporarily abandoned” investigation of traffic violation by contacting K-9 unit and having drug dog sniff the exterior of the car in lieu of starting to write a citation or…
discussed Cited as authority (rule) Dominguez v. State
Ga. Ct. App. · 2011 · confidence medium
Recognizing that most citizens can become a little nervous when they are stopped by police officers, this Court has held before that nervousness — even when combined with other circumstances that are no less incriminating than the tip the deputies in this case received — is insufficient to justify an investigative detention. 12 See State v. Thompson, 256 Ga. App. 188, 189 ( 569 SE2d 254 ) (2002) (fact that defendant appeared extraordinarily nervous, became defensive when asked about marijuana, and there was a strong odor of laundry detergent or air freshener, which were often used to mask …
discussed Cited as authority (rule) Nunnally v. State
Ga. Ct. App. · 2011 · confidence medium
See also White v. State, 263 Ga. 94, 98 (5) ( 428 SE2d 789 ) (1993) (suppression hearing transcript and trial transcript may be considered on review of suppression ruling); Arnold v. State, 304 Ga. App. 90, n. 2 ( 695 SE2d 402 ) (2010). 15 See generally Becoats v. State, 301 Ga. App. 768, 770 ( 688 SE2d 686 ) (2009) (“It does not unreasonably expand the scope or duration of a valid traffic stop for an officer to prolong the stop to immediately investigate and determine if the driver is entitled to continue to operate the vehicle by checking the status of the driver’s license, insurance, an…
discussed Cited as authority (rule) Bell v. State
Ga. Ct. App. · 2009 · confidence medium
Although the officer’s request for consent to search may not have unreasonably prolonged the detention, see generally Hayes v. State, 292 Ga. App. 724, 726 ( 665 SE2d 422 ) (2008), it was after Bell’s refusal to give consent that the officer asked for the K-9 unit, pulled Bell and Walker out of the vehicle, and conducted the search. 11 See Gonzales v. State, 255 Ga. App. 149, 150 ( 564 SE2d 552 ) (2002). 12 See State v. Habib, 260 Ga. App. 229, 231 (1) ( 581 SE2d 576 ) (2003). 13 See State v. Blair, 239 Ga. App. 340, 342 ( 521 SE2d 380 ) (1999) (affirming grant of motion to suppress where …
discussed Cited as authority (rule) State v. Bibbins
Ga. Ct. App. · 2004 · confidence medium
See, e.g., Habib, supra at 230-231 (1) (officer impermissibly expanded scope of traffic stop for seat belt violation when he launched into a drug investigation and requested consent to search car without reasonable articulable suspicion); Almond v. State, 242 Ga. App. 650, 652 ( 530 SE2d 750 ) (2000) (“If during an investigatory stop the officer, without an articulable suspicion, proceeds to ask questions unrelated to the reason for the stop, the officer goes beyond the permissible scope of the investigation, and the further detention of the car driver exceeds that permitted by Terry v. Ohio…
discussed Cited as authority (rule) Rucker v. State
Ga. Ct. App. · 2004 · confidence medium
Johnson, Assistant District Attorneys, for appellee. 1 See Lancaster v. State, 261 Ga. App. 348 ( 582 SE2d 513 ) (2003). 2 (Punctuation omitted.) Id. 3 (Punctuation omitted.) State v. Bute, 250 Ga. App. 479, 481 ( 552 SE2d 465 ) (2001). 4 State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999). 5 Jones v. State, 259 Ga. App. 849, 851-852 ( 578 SE2d 562 ) (2003). 6 See OCGA § 40-6-49. 7 See Jones, supra. 8 See id. 9 256 Ga. App. 188 ( 569 SE2d 254 ) (2002). 10 246 Ga. App. 663 ( 541 SE2d 453 ) (2000). 11 191 Ga. App. 625, 626-628 (2) ( 382 SE2d 691 ) (1989). 12 See Lancaster, supra. 13 S…
discussed Cited as authority (rule) Lancaster v. State
Ga. Ct. App. · 2003 · confidence medium
“An officer who questions and detains a suspect for other reasons [than those precipitating the initial stop] exceeds the scope of permissible investigation unless he has ‘reasonable suspicion’ of other criminal activity.” (Citation omitted.) State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999).
discussed Cited as authority (rule) Padron v. State
Ga. Ct. App. · 2002 · confidence medium
Bennett Threlkeld, Assistant District Attorney, for appellee. 1 State v. David, 269 Ga. 533, 535 (1) ( 501 SE2d 494 ) (1998). 2 Hughes v. State, 269 Ga. 258, 259 (1) ( 497 SE2d 790 ) (1998). 3 Florida v. Jimeno, 500 U. S. 248, 250 (111 SC 1801, 114 LE2d 297) (1991). 4 Ohio v. Robinette, 519 U. S. 33, 39 (117 SC 417, 136 LE2d 347) (1996). 5 State v. Sims, 248 Ga. App. 277, 278 ( 546 SE2d 47 ) (2001). 6 Parker v. State, 233 Ga. App. 616, 617-618 (1) ( 504 SE2d 774 ) (1998). 7 Gary v. State of Ga., 249 Ga. App. 879, 880 (1) ( 549 SE2d 826 ) (2001). 8 State v. Causey, 246 Ga. App. 829, 831 (1) ( 5…
discussed Cited as authority (rule) State v. Whitlow
Ga. Ct. App. · 2002 · confidence medium
Andrews, P. J., concurs in judgment only. 1 State v. Bute, 250 Ga. App. 479, 481 ( 552 SE2d 465 ) (2001). 2 State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999). 3 213 Ga. App. 793 ( 446 SE2d 204 ) (1994). 4 221 Ga. App. 309, 311 (2) ( 471 SE2d 270 ) (1996). 5 235 Ga. App. 412 ( 509 SE2d 701 ) (1998) (physical precedent only). 6 240 Ga. App. 783 ( 525 SE2d 166 ) (1999). 7 223 Ga. App. 781, 782 (2) ( 479 SE2d 123 ) (1996). 8 State v. Gibbons, 248 Ga. App. 859, 860 (1) ( 547 SE2d 679 ) (2001). 9 See, e.g., State v. Sims, 248 Ga. App. 277, 278 ( 546 SE2d 47 ) (2001).
discussed Cited as authority (rule) State v. Gibbons
Ga. Ct. App. · 2001 · confidence medium
As stated in State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999), “An officer who questions and detains a suspect for other reasons exceeds the scope of permissible investigation unless he has ‘reasonable suspicion’ of other criminal activity.” (Footnote and emphasis omitted.) Sims, 248 Ga. App. at 278-280 .
discussed Cited as authority (rule) State v. Sims
Ga. Ct. App. · 2001 · confidence medium
As stated in State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999), “An officer who questions and detains a suspect for other reasons exceeds the scope of permissible investigation unless he has ‘reasonable suspicion’ of other criminal activity.” (Emphasis supplied.) Decided February 26, 2001.
discussed Cited as authority (rule) Bell v. State
Ga. Ct. App. · 2001 · confidence medium
Smith, P. J., and Phipps, J., concur. 1 State v. Winnie, 242 Ga. App. 228, 229 ( 529 SE2d 215 ) (2000). 2 Id. 3 OCGA § 40-8-76.1 (f). 4 See State v. Milsap, 243 Ga. App. 519, 520 ( 528 SE2d 865 ) (2000). 5 OCGA § 40-8-76.1 (f). 6 Davis v. State, 232 Ga. App. 320, 321-322 (1) ( 501 SE2d 836 ) (1998). 7 State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999). 8 Id.; Barraco v. State, 244 Ga. App. 849, 850 (1) ( 537 SE2d 114 ) (2000). 9 Blair, supra; see Almond v. State, 242 Ga. App. 650, 652 (1) ( 530 SE2d 750 ) (2000). 10 Migliore v. State of Ga., 240 Ga. App. 783, 785 ( 525 SE2d 166 ) …
discussed Cited as authority (rule) Lyons v. State
Ga. Ct. App. · 2000 · confidence medium
In addition, “[a]n officer who questions and detains a suspect for other reasons [than those precipitating the initial stop] exceeds the scope of permissible investigation unless he has ‘reasonable suspicion’ of other criminal activity.” State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999).
cited Cited as authority (rule) Barraco v. State
Ga. Ct. App. · 2000 · confidence medium
(Citations and punctuation omitted.) State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999).
cited Cited as authority (rule) State v. Millsap
Ga. Ct. App. · 2000 · confidence medium
(Punctuation omitted.) State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999).
discussed Cited as authority (rule) Migliore v. State
Ga. Ct. App. · 1999 · confidence medium
Pitts v. State of Ga., 207 Ga. App. 606, 607 (1) ( 428 SE2d 650 ) (1993). 2 Hughes v. State, 269 Ga. 258, 259 (1) ( 497 SE2d 790 ) (1998). 3 Espinoza v. State, 265 Ga. 171, 172 (1) ( 454 SE2d 765 ) (1995). 4 Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) (1968). 5 216 Ga. App. 453, 454 (2) ( 454 SE2d 635 ) (1995). 6 (Citations and punctuation omitted.) Id. 7 State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999); Simmons v. State, 223 Ga. App. 781, 782 (2) ( 479 SE2d 123 ) (1996). 8 Supra. 9 Supra. 10 Supra. 11 Blair, supra at 340 . 12 Id. at 342 (citing generally Tate v. State, 2…
discussed Cited "see" State v. Bobby Lee Fish (2×)
Ga. Ct. App. · 2022 · signal: see · confidence high
See State v. Blair, 239 Ga. App. 340, 341-342 ( 521 SE2d 380 ) (1999) (detention impermissible when officer abandoned traffic stop and detained occupants to conduct a search for drugs); Terry, 358 Ga. App. at 202 (1) (when officers completed the traffic stop prior to the open-air dog sniff, the seizure was unlawful, even if the process added “very little time to stop”) (citation and punctuation omitted); Compare Herman, 344 Ga. App. at 362 (K-9 sniff, which was conducted while arresting officer was checking the driver’s license, did not prolong the traffic stop at all so no violation of …
examined Cited "see" Peters v. State (4×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See State v. Blair, 239 Ga. App. 340 ( 521 SE2d 380 ) (1999).
examined Cited "see" Almond v. State (3×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See State v. Blair, 239 Ga. App. 340, 341 ( 521 SE2d 380 ) (1999). 5 Florida v. Royer, 460 U. S. 491, 500 (II) (103 SC 1319, 75 LE2d 229) (1983) (plurality opinion); see Smith v. State, 216 Ga. App. 453, 454 (2) ( 454 SE2d 635 ) (1995). 6 392 U. S. 1 (88 SC 1868, 20 LE2d 889) (1968). 7 Smith, supra, 216 Ga. App. at 455 (2); see Migliore, supra, 240 Ga. App. at 785 ; Blair, supra, 239 Ga. App. at 341 ; United States v. Fernandez, 18 F3d 874, 878 (10th Cir. 1994). 8 Smith, supra, 216 Ga. App. at 455 (2); see Blair, supra, 239 Ga. App. at 342 ; see generally OCGA § 17-5-30 (a). 9 Smith, supra, 2…
discussed Cited "see, e.g." State v. Cooper (2×)
Ga. Ct. App. · 2003 · signal: see also · confidence low
App. 608, 611 ( 949 P2d 845 ) (1998); see also State v. Blair, 239 Ga. App. 340 ( 521 SE2d 380 ) (1999) (affirming trial court’s grant of passenger’s motion to suppress marijuana found in car after it was stopped for being driven with dealer drive-out tag, without addressing question of passenger’s standing); compare Ballard v. State, 216 Ga. App. 315 ( 454 SE2d 200 ) (1995) (concluding that passenger lacked standing to argue that stop of car - which led to discovery of contraband inside - was pretextual because passenger claimed no possessory interest in either car or contraband). 10 Su…
examined Cited "see, e.g." Berry v. State (7×)
Ga. Ct. App. · 2001 · signal: see, e.g. · confidence medium
See, e.g., State v. Blair, supra, 239 Ga. App. at 340 (conflicting explanations and nervousness); State v. Hall, 235 Ga. App. 412, 415 ( 509 SE2d 701 ) (1998) (inconsistent responses); Roundtree v. State, 213 Ga. App. 793 ( 446 SE2d 204 ) (1994) (inconsistencies regarding the purpose and duration of trip and increasing nervousness).
The State
v.
Blair
A99A0799.
Court of Appeals of Georgia.
Jul 28, 1999.
521 S.E.2d 380
Timothy G. Madison, District Attorney, Robin R. Riggs, Assistant District Attorney, for appellant., James W. Smith, for appellee.
Phipps, Andrews, Ruffin.
Cited by 28 opinions  |  Published
Phipps, Judge.

As a result of evidence seized during a traffic stop, Emanual Blair and his co-indictees were charged with possession of marijuana with intent to distribute and other offenses. The State appeals the trial court’s grant of Blair’s motion to suppress the evidence.

On October 14, 1997, Georgia State Patrol Trooper Phillips was operating a stationary radar device along Interstate 85 in Banks County when he stopped an automobile containing four occupants and being driven with a dealer’s drive-out tag. Phillips questioned the car’s driver and front-seat passenger, who was identified as the owner. Phillips testified that his suspicions were aroused because neither individual produced any proof of ownership of the car, they provided conflicting explanations concerning the purpose of their journey, all occupants of the car appeared very nervous, and Blair was seated in the back of the car clutching a black bag. As a result, Phillips felt as though “something was going on,” and he proceeded to ask the driver if there were any weapons, drugs, or large quantities of cash in the car. When the driver responded in the negative, Phillips unsuccessfully sought permission to search the car from the supposed owner.

Phillips then decided that he needed assistance and radioed Georgia State Patrol Corporal Brown, who was positioned approximately 200 yards away. When Phillips informed Brown of his inability to obtain consent to search the car, Brown summoned a canine unit. As Brown was approaching the scene in his patrol car, Blair fled with the bag in hand. After he was apprehended, approximately five pounds of marijuana along with ziplock baggies and a digital scale[*341] were found in the bag.

In granting the motion to suppress, the trial court concluded that the trooper lawfully stopped the car because it did not have a state-issued tag but then unlawfully detained the car’s occupants in order to search the car for drugs. As authority in support of its decision, the court cited Smith v. State, 216 Ga. App. 453, 454 (2) (454 SE2d 635) (1995). In arguing that the detention was lawful, the State relies on Pitts v. State, 221 Ga. App. 309, 311 (2) (471 SE2d 270) (1996). Held:

“Investigative stops of vehicles are analogous to Terry-stops, (Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) (1968)). . . .” State v. Wright, 221 Ga. App. 202, 204 (3) (470 SE2d 916) (1996).

“The validity of an officer’s investigative or protective conduct upon making a ‘Terry stop’ is determined in each case by balancing the extent of the intrusion against the immediacy and importance of the interest in crime prevention or law enforcement which is sought to be advanced.” [Cit.]

State v. Stansbury, 234 Ga. App. 281, 282-283 (505 SE2d 564) (1998). An investigatory traffic stop

“has been described by this court as a brief stop, limited in time to that minimally necessary to investigate the allegation invoking suspicion, and limited in scope to identification and limited questioning reasonably related to the circumstances that justified the initiation of the momentary stop. (Cit.)” [Cit.]

Smith v. State, supra at 454-455. An officer who questions and detains a suspect for other reasons exceeds the scope of permissible investigation unless he has “reasonable suspicion” of other criminal activity. Simmons v. State, 223 Ga. App. 781, 782 (2) (479 SE2d 123) (1996).

In Smith, a narcotics officer initiated a traffic stop to investigate a possible DUI violation after observing Smith’s truck weaving between lanes. Smith, however, had no odor of alcohol on his breath and reasonably explained his erratic driving. Without taking any steps to ascertain whether Smith was under the influence, the officer asked if Smith had any narcotics in the truck and sought consent to search it. After Smith refused to give his consent, the officer summoned a K-9 unit to the scene. This court held the officer’s detention of Smith in order to search his truck was based on nothing more than a “hunch” that the truck contained narcotics and was not authorized by Terry. Id. at 455.

Here, the officer stopped the car in which Blair was traveling in[*342] order to investigate the car’s registration and licensing. See OCGA § 40-2-20 (making a person’s failure to register new or used motor vehicles within 30 days of purchase a misdemeanor punishable by fine). The evidence supports the trial court’s finding that the officer abandoned that investigation and detained the occupants of the car in order to conduct a search for drugs. See generally Tate v. State, 264 Ga. 53, 54 (1) (440 SE2d 646) (1994). The court was authorized to conclude that the detention was impermissible because the facts known to the officer did not provide reasonable suspicion of illegal drug activity.

Decided July 28, 1999 Timothy G. Madison, District Attorney, Robin R. Riggs, Assistant District Attorney, for appellant. James W. Smith, for appellee.

Pitts is factually similar to this case but ultimately distinguishable. The defendants in Pitts were traveling along Interstate 95 in Camden County in a rental van when they were stopped by a deputy sheriff because of the driver’s failure to dim the vehicle’s headlights in response to oncoming traffic. In Pitts, much like this case, the investigating officer detained the occupants of the vehicle in order to conduct a drug search because they appeared unusually tense and gave conflicting versions of their travel itinerary. But this court justified the detention in Pitts by holding that it was “ ‘not unconstitutionally intrusive when balanced against the widespread clear danger of drug peddling from Florida via the roads of this state. [Cit.]’ [Cit.]” Pitts, supra at 311. No such justification has been asserted here. Pitts is not controlling.

Judgment affirmed.

Andrews, P. J., and Ruffin, J., concur.