· 8/10/2009
Sommese v. State
Citations
- 683 S.E.2d 642
- 299 Ga. App. 664
- 2009 Fulton County D. Rep. 2830
- 2009 Ga. App. LEXIS 925
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that officer did not impermissibly prolong the traffic stop by questioning the defendant about her arrest record and the presence of illegal drugs, as the questioning occurred while the officer was completing the warning citations
- investigative stop of vehicle cannot be unreasonably prolonged beyond time required to fulfill purpose of stop
- “The touchstone of the Fourth Amendment is reasonableness. Reasonableness, in turn, is measured in objective terms by examining the totality of the circumstances.” (punctuation omitted)
- where there was no evidence that officer used fear, intimidation, threat of physical punishment, or otherwise lengthened detention in order to coerce suspect into giving her consent, mere presence of more than one police officer on scene of traffic stop was not evidence that consent was coerced
- where there was no evidence that officer used fear, intimidation, threat of physical punishment, or otherwise lengthened detention in order to coerce suspect into giving her consent, mere presence of more than one police officer on scene of traffic stop was not evidence that consent was coerced
- a traffic stop was not illegally prolonged where the evidence showed “that the officer obtained 5 consent to search [the] vehicle before he had completed the warning citation . . . and there was no evidence that the officer lengthened the detention” in an effort to obtain consent
Source: CourtListener parenthetical corpus (CC0).
Judges: Bernes, Smith, Phipps
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.