Gonzales v. State

Phipps, Judge.

After a stipulated bench trial, Jose Gonzales and Maria Hernandez were convicted of possession of marijuana with intent to distribute and sentenced to ten years on probation. On appeal, they challenge the trial court’s denial of their motion to suppress evidence seized during a traffic stop. Based on our review of a videotape of the encounter, we conclude that the officer illegally exceeded the scope of a valid traffic stop. Thus, we reverse.

On January 22, 2001, Hernandez, accompanied by Gonzales, was driving south on 1-75 in Houston County. Sheriff’s Deputy Chad Payne stopped…