Rodriguez v. Georgia

In August 2010, a City of Norcross police officer stopped Sonia Rodriguez, and found more than four ounces of marijuana in her car. Rodriguez was indicted for possession of marijuana with intent to distribute, and she moved to suppress the discovery of the marijuana, conceding that it was reasonable for the officer to stop and detain her for a brief investigation, but contending that the marijuana was discovered only after her detention was unreasonably prolonged. Following an evidentiary hearing, the trial court denied her motion, but it certified its decision for immediate review, and the Court of Appeals allowed an interlocutory appeal. The appeal eventually was heard by all twelve judges of the Court of Appeals, and although the Court of Appeals entered a judgment affirming the denial of the motion to suppress, only six judges concurred in that judgment. The Supreme Court issued a writ of certiorari to review the Court of Appeals' decision, and after review, concluded that the Court of Appeals never should have rendered any decision in this case and instead should have transferred the appeal to the Supreme Court. Further, the Court saw no error in the denial of the motion to suppress. Accordingly, the Court of Appeals' decision was vacated, the trial court affirmed, and the case remanded for the Court of Appeals to transmit a remittitur to the trial court. View "Rodriguez v. Georgia" on Justia Law