Legal Opinion · Dissent

State v. Bibbins

Court of Appeals of Georgia

Decided December 1, 2004No. A04A1305Published

1DissentRuffin, Presiding Judge

Because the majority’s opinion effectively overrules established *101precedent without so stating43 and ignores the Supreme Court’s decision in Daniel v. State,44 I respectfully dissent.

This case revolves around Stephen Ralph Bibbins’ alleged consent to the search of his vehicle during a traffic stop. Recently, our Supreme Court set forth a framework for analyzing the validity of such consent. First addressing the limits of a traffic stop, the Court in Daniel v. State noted that

[t]he officer’s purpose in an ordinary traffic stop is to enforce the laws of the roadway, and ordinarily to investigate…

2Cases cited20 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Florida v. RoyerSupreme Court of the United States · 1983
  3. Delaware v. ProuseSupreme Court of the United States · 1979
  4. Ohio v. RobinetteSupreme Court of the United States · 1996
  5. State v. SlaughterSupreme Court of Georgia · 1984

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