where the defendants were held for more than 40 minutes before they “consented” to the search, during which time they were assured that their vehicle would be searched before they were released
How later courts described this case
- where the defendants were held for more than 40 minutes before they “consented” to the search, during which time they were assured that their vehicle would be searched before they were released
Written by the judges who cited it.
Distinguished
Distinguished by Davis v. State, 194 Ga. App. 482 (1990)
145 Ga. App. 231 (244 SE2d 346) (1978), cited by defendants, are distinguishable because in that case the detention of defendants went beyond a brief investigative stop to become an illegal arrest and because consent was obtained by coercion and not freely and voluntarily.
The opinion
Banke, Judge,
concurring specially.
I cannot agree with everything stated in the opinion, but do concur in the judgment. The "Terry-type” stop was fully authorized, but the record indicates the stop apparently was made prematurely. The investigative forces summoned had no advance notice and seemingly were ill prepared to conduct an investigation that would produce sustainable probable cause within the short detention period authorized by Terry v. Ohio, 392 U. S. 1 (88 SC 1868, 20 LE2d 889) and its progeny. Further, probable cause existed; but unfortunately it was not determined until after arrest and consent. It cannot be ascertained from the record as to the exact number of minutes that elapsed between stop and arrest. It can be determined, however, that it was in excess of 40 minutes. In the circumstances of this particular case, that was far too long. The temporary detention was slowly transformed into an illegal arrest.