A traffic stop for speeding lead to drug arrest and civil asset forfeiture

Mom called the office if not frantic, very upset. Early in 2024, her college aged child, F.D., heading through Georgia to enjoy Spring Break in Florida, had been arrested on felony drug possession charges after being stopped for speeding. It was late afternoon.

Bond secured

After getting off the phone with mom, attorney Alan Levine immediately called the District Attorney’s office down in Henry County, a bit south of Atlanta. While nothing was worked out, at least contact had been made. Early the next morning, Alan drove down from his office in Marietta, Georgia to meet his new client. They were scared and upset. At a brief hearing, Alan secured a reasonable bond for F.D. and later that afternoon they’d be released and on their way back home.

A simple speeding ticket . . .

F.D. was traveling a bit too fast southbound down I-75. After pulling over for the blue lights, the police officer asks F.D. to step out of the car. The officer says F.D. had been weaving a bit, too. F.D. explains they were tired and planning to stop for coffee. The officer does not conclude that F.D. was DUI, and tells him he only plans to issue a warning this time. Almost free to go, the officer asks if F.D. has anything on him or in the car that he shouldn’t. F.D. admits to having some vape pens, but while THC-containing oil or wax is a felony in Georgia, the officer makes no further inquiries about the vape pens, saying he isn’t concerned about that.

. . . leads to a car search, seizure and arrest

The police officer then asks F.D. if he can search the vehicle to which F.D. smartly, and courageously, says “no.” Two more officers show up, and one of them has a dog – a K9 search unit. The officer with the dog walks around F.D.’s car and nothing. The K9 officer walks around again and, supposedly, this time alerts to something. Now, claiming they have probable cause, the police search F.D.’s car. Contraband is located in a bag of personal belongings. In addition to being arrested and jailed on felony charges, a large amount of cash was seized. Though upset and scared, F.D. again, with courage and smarts, refused to speak with the police including a DEA agent at the jail.

Possible legal issues

There are some red flags in the above scenario. For instance, not thinking my client was DUI, and claiming not to care about a possible illegal, THC-containing vape pens, did the first officer impermissibly prolong the detention of F.D. so that the K9 unit could arrive? Having been told they could not search the car, and the K9 unit having already walked around once, did the dog really alert to the odor of an illegal drug in my client’s vehicle, or did the dog pick up on a signal from the officer to alert, thus leading to an unconstitutional search – a Fourth Amendment violation?

Don’t fight when the war is won

While these issues would certainly be inquired into if need be, a dismissal of F.D.’s charges were put on the table in exchange for obtaining a drug and alcohol abuse assessment, and taking some Narcotics Anonymous classes. And, while the District Attorney insisted they had legal authority to keep F.D.’s cash, they agreed to return it in full. The point for me as K.D.’s lawyer was not to make an issue of any possible legal defenses with what I advised my client was a good offer to dismiss. Furthermore, though I was ready to contest the civil asset forfeiture of K.D.’s cash if need be, and thought I could distinguish the facts of the case law cited by the District Attorney from K.D.’s situation, the last thing I wanted to do was provoke an unnecessary fight even if I thought we’d prevail. Don’t look a gift horse in the mouth.

Results

The traffic stop for speeding lead to a felony drug arrest and seizure of cash, but in the end the charges were dismissed and the money returned. Though, unfortunately, an arrest is forever in that law enforcement agencies and some employers will always have access to this information, nevertheless, K.D. has no conviction on their criminal record which is also restricted.