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188 Ga. App. 85

372 S.E.2d 440

Schmidt v. State

Court of Appeals of Georgia

Decided July 7, 1988

Court of Appeals of Georgia · decided 1988-07-07

Relies on United States v. Sharpe

Good law ✅— No negative treatment on recordhow we know

Decided 1988-07-07

How this case has been cited

Cited by 14 later decisions — most recently July 2013

14 state decisions

601988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Beasley, Judge,

¶1concurring specially.

¶2I agree that the officer did not offend the Federal Constitution by further detaining the defendant for a short time to await the dog. United States v. Sharpe, 470 U. S. 675 (105 SC 1568, 84 LE2d 605) (1985). The investigatory purpose of this brief restriction of defendant’s freedom was authorized under the circumstances. The dog’s reaction would either confirm or fail to confirm the officer’s belief that *89defendant possessed drugs in the car trunk. In the event of the latter, Schmidt would be free to leave. In the event of the former, probable cause for the search would exist, and no one disputes that probable cause for his arrest would also be present.

¶3Although I would agree with the majority’s declining to view an exercise of the constitutional right to refuse consent to a search, as a factor in determining probable cause, that is not exactly the situation here. Schmidt’s partial withdrawal rendered his consent selective. As the encounter unfolded, his relinquishment of a constitutional right became limited, and that later restriction of the permission in my opinion may legitimately be considered as an additional factor warranting the further investigation and necessitating the extension of the detention.

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