NCJ Number
129793
Journal
Crime to Court Dated: (February 1991) Pages: 1-4
Date Published
1991
Length
4 pages
Annotation
The 1990 decision of the United States Court of Appeals for the 11th Circuit illustrates a number of the legal questions raised by a routine vehicle stop and a subsequent vehicle search.
Abstract
Georgia State Trooper Tucker testified that he stopped the vehicle of defendants Brown, Baker, and Dunkley because he could not read the expiration date on the temporary tag taped to the rear window. After stopping the defendants, he approached the vehicle and determined that the temporary tag had expired. The driver said that the car was rented, but could not produce a rental agreement. As Tucker wrote out a faulty equipment notice, he conversed with Brown who said that he was traveling to a funeral in Florida. Brown said that the front-seat passenger was his friend, but did not know his name. Officer Tucker asked consent to search the vehicle. He says Brown agreed; the other defendants said that Brown remained silent. The district court found that Brown agreed to the search. Using a drug-sniffing dog, Officer Tucker searched the vehicle and found a toy rabbit containing a bag of cocaine. Further search and a patdown revealed cocaine in the car and beneath the clothing of Baker and Dunkley. Tucker arrested Brown, Baker, and Dunkley. Photograph