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Criminal Law

: Fourth Amendment

GA: 18 air fresheners was a factor in reasonable suspicion

By John Wesley Hall, Jr.

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Defendant was stopped for overtinting, and the officer could smell marijuana, the defendant was really nervous, and the car had 18 air fresheners hanging inside. The subsequent search produced 574 grams of cocaine. The search was valid. Richardson v. State, 2010 Ga. App. LEXIS 827 (September 8, 2010).* Defendant was stopped for a traffic offense, and the car had the overwhelming odor of air freshener, defendant could not say where he was going, and he was getting increasingly nervous as the stop continued. That was reasonable suspicion. Wilson v. State, 2010 Ga. App. LEXIS 853 (September 10, 2010).* Defendant was present at a place where a drug search warrant was executed, and he could be patted down for weapons. He consented to a further search of his person...continue to full post

Full post as published by Fourth Amendment on September 13, 2010 (boomark / email).

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