Legal Opinion

The State v. Herman.

Court of Appeals of Georgia

Decided January 26, 2018No. A17A1978PublishedCited by 2 opinions

1Opinion of the Court

Miller, Presiding Judge.

Tammy Herman was charged with four drug-related offenses after police found a bottle of pills in her purse during a traffic stop. She moved to suppress the evidence, arguing that the traffic stop leading to her arrest was prolonged unconstitutionally to enable an open-air dog sniff. The trial court granted the motion, and the State now appeals. We conclude that the K-9 sniff did not prolong the stop, and, therefore, we reverse the trial court's order granting the motion to suppress.

The burden is on the State to prove the legality of a search and seizure. State v.…

2Cases cited7 opinions

  1. Rodriguez v. United StatesSupreme Court of the United States · 2015
  2. State v. PalmerSupreme Court of Georgia · 2009
  3. State v. AllenSupreme Court of Georgia · 2015
  4. Owens v. StateCourt of Appeals of Georgia · 2011
  5. State v. HaddockCourt of Appeals of Georgia · 1998

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3Cited by2 opinions

  1. Robert Stanley Terry v. StateCourt of Appeals of Georgia · 2021
  2. State v. Bobby Lee FishCourt of Appeals of Georgia · 2022

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