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Case Summary: THE STATE v. WILLIAMS, A03A1664 (Court of Appeals of Georgia, Oct. 29, 2003)

Factual and Procedural Background

The State appealed a trial court order granting Thomas Shane Williams's motion to suppress methamphetamine discovered during a traffic stop and subsequent search of a vehicle in which Williams was a passenger. Based on the methamphetamine found in the search, Williams and the driver, Robert A. St. John, were jointly charged with possession of methamphetamine with intent to distribute. Williams moved to suppress on the grounds that the consent to search given by St. John was the product of (1) an illegal stop, or (2) an illegally expanded detention during a valid stop. The trial court concluded the initial stop was valid but granted the motion to suppress, finding the consent to search was invalid because it was the product of an unlawful detention that improperly expanded the scope and duration of the stop.

The undisputed hearing testimony (and videotape) established: Officer Hunter initially investigated a truck parked on Georgia 400 with two men who had been drinking and radioed Officer Spriggs to be on the lookout. Officer Spriggs later stopped the same truck for an improperly displayed tag. Spriggs obtained the occupants' driver's licenses and ran computer checks on the driver's license status and for outstanding warrants on both occupants. The computer check indicated a Forsyth County warrant for St. John; dispatch could not immediately locate the warrant, producing about a 17-minute delay before the officer returned to the truck. Spriggs briefly removed St. John from the vehicle because St. John had been moving "kind of frantically" inside the truck. Spriggs told St. John about the apparent Forsyth County warrant but said he would not arrest without confirmation; St. John volunteered he might also have a Stephens County warrant, and Spriggs checked for that as well. While awaiting confirmation, Spriggs asked about the tag and, based on information from Officer Hunter about prior drinking and an observed dropped open container, asked about alcohol/open containers. St. John admitted an open container had been dropped and mentioned another alcoholic bottle in the truck. Spriggs administered an alco-sensor test (which St. John passed), asked for and received consent to search the truck for intoxicants, and about 26 minutes after the stop the search produced a bag of methamphetamine.

Legal Issues Presented

  1. Whether the consent to search the vehicle was the product of an illegal stop.
  2. Whether the officer's computer checks and other actions unreasonably expanded the scope or duration of a valid traffic stop such that any consent to search was invalid as the product of an unlawful detention.

Arguments of the Parties

Appellee's (Williams') Arguments

  • Williams argued the consent to search the vehicle was invalid because it was the product of either (a) an illegal stop, or (b) an illegally expanded detention during an otherwise valid stop.

The opinion does not contain a detailed account of the State's specific legal arguments presented on appeal.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Vansant v. State, 264 Ga. 319, 320 (443 S.E.2d 474) (1994) Standard of review: application of law to undisputed facts is reviewed de novo. Used to state that because the facts relevant to the suppression ruling were undisputed, the court's application of law to those facts is reviewed de novo.
Terry v. Ohio, 392 U.S. 1 (88 S.Ct. 1868, 20 L.E.2d 889) (1968) Principles governing investigative stops: scope and duration of an investigative stop must be reasonable. Applied Terry's principles to analyze the Fourth Amendment reasonableness of the scope and duration of the traffic stop and subsequent detention.
Whren v. United States, 517 U.S. 806, 809-810 (116 S.Ct. 1769, 135 L.E.2d 89) (1996) When police make a traffic stop, passengers are detained and considered "seized" under the Fourth Amendment. Relied on Whren to explain that Williams, as a passenger, was seized and entitled to Fourth Amendment protections during the stop.
United States v. Roberson, 6 F.3d 1088, 1091 (5th Cir. 1993) Supports proposition that passengers in stopped vehicles are seized. Used alongside Whren to support that passengers are seized during a traffic stop and entitled to Fourth Amendment protections.
State v. Cooper, 260 Ga. App. 333, 334-335, n. 9 (579 S.E.2d 754) (2003) Discusses standing to contest a vehicle search by a passenger. Cited in a footnote noting the trial court found Williams had standing and the State did not contest that finding on appeal; court did not further address standing.
Rakas v. Illinois, 439 U.S. 128, 143-144, n. 12 (99 S.Ct. 421, 58 L.E.2d 387) (1978) Authority discussing limits of standing to contest a search. Cited in the footnote as an alternate authority; the court declined to address standing because the State did not challenge the trial court's finding.
Burgeson v. State, 267 Ga. 102, 105-106 (475 S.E.2d 580) (1996) Discusses standing to challenge searches. Cited in the standing footnote; court did not decide standing because the State did not contest the trial court's finding.
State v. Gibbons, 248 Ga. App. 859 (547 S.E.2d 679) (2001) Officer's actions during a valid traffic stop must be reasonably related in scope and limited in duration to accomplish the stop's purpose. Used to support principle that duties during a stop must be reasonably related to the stop's justification; cited in assessing whether actions unreasonably expanded the stop.
Bell v. State, 248 Ga. App. 254, 256-257 (546 S.E.2d 34) (2001) Same Terry-related rule: stop actions must be reasonably related in scope/duration. Cited as part of the framework for analyzing scope and duration of traffic stops under Terry.
Almond v. State, 242 Ga. App. 650, 652 (530 S.E.2d 750) (2000) Support for Terry-based limitations on stop scope/duration. Included among authorities stating the same principle about limits on officer conduct during a traffic stop.
Sutton v. State, 223 Ga. App. 721, 723 (478 S.E.2d 910) (1996) It does not unreasonably expand a stop for an officer to prolong it to immediately investigate driver's entitlement to operate the vehicle (license, insurance, registration). Relied on to support that checking license/insurance/registration during a valid stop does not unreasonably expand its scope or duration.
Delaware v. Prouse, 440 U.S. 648, 657-659, 663 (99 S.Ct. 1391, 59 L.E.2d 660) (1979) Authority on vehicular stops and checks for driver entitlement to operate vehicle. Cited to bolster the proposition that checking driver's status during a stop is permissible and does not automatically unreasonably expand the stop.
Williams v. State, 233 Ga. App. 70, 71-72 (503 S.E.2d 324) (1998) Example where an officer's prolonged computer check (35 minutes) for outstanding warrants was reasonable due to the driver's common name. Applied to find the approximately 17-minute delay to confirm an apparent warrant here was a reasonable effort to confirm validity and therefore not an unreasonable expansion.
Powers v. State, 261 Ga. App. 296, 301 (582 S.E.2d 237) (2003) Questions not related to the stop's reason may be justified by reasonable suspicion of other criminal activity. Used to support that questions about alcohol/open containers were justified by reasonable suspicion derived from Officer Hunter's prior encounter.
Maryland v. Wilson, 519 U.S. 408, 413 (117 S.Ct. 882, 137 L.E.2d 41) (1997) Officer safety concerns justify certain measures at traffic stops (e.g., ordering passengers out of vehicles). Relied upon to explain the officer safety rationale for checks and limited safety measures during stops, including checks for warrants or criminal history.
United States v. Holt, 264 F.3d 1215, 1221-1223 (10th Cir. 2001) Background checks for warrants/criminal histories justified by officer safety and do not unreasonably expand a stop when minimally intrusive. Cited as authority that background checks made for safety reasons are permissible and minimally intrusive when not unreasonably prolonged.
United States v. Purcell, 236 F.3d 1274, 1278 (11th Cir. 2001) Similar authority supporting warrant/criminal history checks as safety-motivated and minimally intrusive. Used to support the proposition that such checks do not alter the fundamental nature of a stop when reasonably pursued.
Ohio v. Robinette, 519 U.S. 33, 38 (117 S.Ct. 417, 136 L.E.2d 347) (1996) Officer safety risks at stops are objective and inherent, not solely subjective to the officer. Invoked to support that safety concerns objectively justify reasonable safety measures at traffic stops.
Pennsylvania v. Mimms, 434 U.S. 106, 110-111 (98 S.Ct. 330, 54 L.E.2d 331) (1977) Concern for officer safety at traffic stops justifies ordering driver/passengers out of the vehicle. Cited as part of the safety-justification framework for limited intrusions during stops.
United States v. Hensley, 469 U.S. 221, 235 (105 S.Ct. 675, 83 L.E.2d 604) (1985) Officers authorized to take steps reasonably necessary to protect personal safety during stops. Used to support that background checks to assess risk are permissible safety measures during stops.
Illinois v. Gonzalez, 204 Ill.2d 220, 222-236 789 N.E.2d 260, (2003) Background checks for warrants are minimally intrusive safety measures that do not unreasonably expand a stop if they do not unreasonably prolong it. Relied upon for the proposition that such checks are safety measures that do not change the fundamental nature of the stop so long as they are not unreasonably prolonged.
Holt v. State, 227 Ga. App. 46 (487 S.E.2d 629) (1997) Passenger's refusal to give accurate identification is not a basis for obstruction; concerns about detention of passengers without reasonable suspicion. Cited in discussion of limits on officer conduct toward passengers and permissible identification requests.
Edgell v. State, 253 Ga. App. 775, 777-778 (560 S.E.2d 532) (2002) Officer may not detain a passenger absent reasonable suspicion, and may not conduct a Terry pat-down absent reasonable belief passenger is armed. Used to delineate limits on detaining passengers and on conducting pat-downs absent reasonable suspicion of danger.
State v. Swords, 258 Ga. App. 895 (575 S.E.2d 751) (2002) When a valid traffic stop has concluded, additional detention and questioning absent consent or reasonable suspicion is improper. Cited by the trial court; the Court of Appeals distinguished Swords, finding that here the computer checks were diligently pursued during the valid stop and therefore Swords was inapplicable.
Gonzales v. State, 255 Ga. App. 149, 150 (564 S.E.2d 552) (2002) Once a valid traffic stop has concluded, further detention must be based on consent or reasonable suspicion. Cited in discussion of Swords' principle that additional questioning after a stop concludes must be justified; court found that the stop here had not concluded.
State v. Johnson, 209 Ga. App. 84, 86 (432 S.E.2d 580) (1993) Inquiry into duration of a Terry stop focuses on whether the officer diligently pursued the investigation. Applied to conclude the officer diligently pursued the investigation and did not unreasonably extend the stop by delaying issuance of a ticket while completing checks.

Court's Reasoning and Analysis

The Court of Appeals framed its analysis under Terry principles: a routine traffic stop is akin to an investigative stop and the scope and duration of actions during the stop must be reasonably related to the stop's justification and limited to the time reasonably necessary to accomplish its purpose. It accepted the trial court's finding that the initial stop for an improperly displayed tag was valid.

The court held that the officer's actions—requesting identification from both occupants and running computer checks on the driver's license status and for outstanding warrants—did not unreasonably expand the stop. It explained that checking a driver's entitlement to operate the vehicle (license, insurance, registration) during a stop is permissible, and that checking occupants for outstanding warrants/criminal histories is justified by officer safety concerns inherent in traffic stops. Those background checks are characterized as minimally intrusive safety measures that do not alter the fundamental nature of the stop provided they are not unreasonably prolonged.

Applying these principles to the undisputed record and videotape, the court found: (1) the approximately 17-minute delay before the officer returned to the vehicle was attributable to reasonable efforts to confirm whether the apparent Forsyth County warrant was valid; (2) St. John's volunteered that he might have an additional Stephens County warrant, which justified further checks; (3) questions about alcohol and open containers were supported by reasonable suspicion derived from Officer Hunter's prior encounter with the parked truck; and (4) obtaining consent to search for intoxicants after St. John's admissions was reasonable. The court concluded the consent to search was voluntary and not the product of an illegally expanded stop. It also rejected the trial court's reliance on State v. Swords, distinguishing Swords because here the computer checks were diligently pursued during the course of a valid stop.

Holding and Implications

Holding: The Court of Appeals reversed the trial court's order granting Williams's motion to suppress. (Judgment reversed.)

Implications: The direct effect of the decision is reversal of the suppression order; the court held the stop, the computer checks, the alcohol-related questioning, and the resulting consent were reasonable under the Fourth Amendment as applied in this case. The opinion applies existing Fourth Amendment and Terry-based principles to the undisputed facts; it does not purport to announce a new legal rule beyond the application of those authorities.


Opinion by ANDREWS, Presiding Judge. Barnes and Adams, JJ., concur. Decision dated October 29, 2003; reconsideration denied November 18, 2003 (cert. applied for).

THE STATE v. WILLIAMS

ANDREWS, Presiding Judge.

The State appeals from the trial court's order granting Thomas Shane Williams's motion to suppress evidence of methamphetamine found by police during a traffic stop and search of a vehicle in which he was a passenger. For the following reasons, we reverse.

Based on evidence of methamphetamine found in the search, Williams and the driver of the vehicle, Robert A. St. John, were jointly charged with possession of methamphetamine with intent to distribute. Williams moved to suppress the methamphetamine on the basis that the consent to search the vehicle given by St. John was the product of: (1) an illegal stop, or (2) an illegally expanded detention during a valid stop. After a hearing, the trial court granted Williams's motion finding that the police officer's initial stop of the vehicle was valid, but that the consent to search the vehicle was invalid because it was the product of an unlawful detention during an improper expansion of the scope and duration of the stop.

There being no dispute over the facts relevant to the trial court's ruling, the court's application of the law to the undisputed facts is subject to de novo review. Vansant v. State, 264 Ga. 319, 320 ( 443 S.E.2d 474) (1994). Testimony produced at the hearing on the motion to suppress showed the following facts. In the early morning hours after midnight, Officer Spriggs of the Forsyth County Sheriff's Department received a call from fellow officer Hunter, who was patrolling in the same area. Hunter told Spriggs that he had just investigated a truck parked on the side of Georgia 400 occupied by two men who had been drinking and who stated they were not going to move the truck. Officer Hunter testified at the hearing that both men in the truck admitted to him they had been drinking, and that he saw the passenger drop an open container of beer. Officer Hunter concluded the driver, St. John, "didn't look that bad," so he advised him to stay there until he thought he could drive. At that point, officer Hunter said he was unsure whether or not the driver was under the influence of alcohol, but he decided there were no offenses as long as the truck remained parked. However, officer Hunter radioed officer Spriggs with the information about his encounter with the truck, and told Spriggs to be on the lookout if he saw the truck on the road. A short time later, officer Spriggs saw a similar truck being driven on Georgia 400 and stopped it for a traffic violation because the tag was improperly displayed in the rear window and was partially obscured. After officer Spriggs stopped the truck, officer Hunter arrived and confirmed it was the same truck.

Officer Spriggs approached the truck in which St. John was the driver and Williams was the sole passenger, asked both men for identification, and both men produced a driver's license. The officer took the licenses to his patrol car to run a computer check on the status of St. John's driver's license and to check for the existence of outstanding warrants on both men. Although no outstanding warrant was found on Williams, the computer showed an outstanding Forsyth County warrant on St. John. The officer immediately radioed his dispatch center to confirm the existence of the warrant and to have it pulled from the files, but dispatch center personnel informed the officer they were unable to locate the warrant. Because of the delay caused by this process, about 17 minutes passed before officer Spriggs returned to the truck. When the officer returned to the truck, he asked St. John to step out of the vehicle because he had been "moving around kind of frantically inside the car," for reasons the officer could not determine, and the officer wanted to "put distance between him and the passenger." The officer told St. John about the Forsyth County warrant and informed him that he was not going to arrest him on the warrant because he could not confirm whether or not it was valid. He recommended to St. John that he later contact the sheriff's department to clear up the matter. In response, St, John volunteered to the officer that he might also have an outstanding warrant on him in Stephens County. The officer then radioed the Dispatch Center to check on the possible existence of an outstanding Stephens County warrant on St. John.

While officer Spriggs was waiting for a response on the possible Stephens County warrant, he informed St. John that he had stopped him for an improperly displayed tag. St. John launched into an explanation in which he told officer Spriggs how he had previously been stopped for not displaying the tag, and related how the officer at the prior stop had allowed him to produce the tag and temporarily fix it in the rear window without issuing him a ticket. At that point, based on information officer Spriggs had obtained from officer Hunter about the prior encounter with the truck, Spriggs also asked St. John if he had been drinking and if there were any open containers of alcohol in the truck. St. John responded that officer Hunter may have seen Williams drop a bottle of beer in the truck, and he told officer Spriggs there was a bottle of "Grand Marnier" alcoholic beverage in the truck. Based on this admission and the officer's prior knowledge that both occupants of the vehicle had been drinking, officer Spriggs requested that St. John take an alco-sensor test (which he passed) and asked for and obtained St. John's consent to search the truck for intoxicants. The ensuing search, which took place about 26 minutes after the vehicle was stopped, produced a bag of methamphetamine.

Under the Fourth Amendment, searches and seizures by government agents must be reasonable. Because a routine traffic stop, even one based on probable cause of a traffic code violation, is a type of seizure more akin to an investigative stop under Terry v. Ohio, 392 U.S. 1 ( 88 S.Ct. 1868, 20 L.E.2d 889) (1968) than a formal arrest, we apply the principles of Terry when analyzing the Fourth Amendment requirement that the scope and duration of the investigation conducted during a valid stop must be reasonable under the circumstances. Vansant, 264 Ga. at 320. Moreover, when police make a traffic stop, as a practical matter, not only the driver of the stopped vehicle but also any passengers are detained during the stop and are considered "seized" within the meaning of the Fourth Amendment. Whren v. United States, 517 U.S. 806, 809-810 ( 116 S.Ct. 1769, 135 L.E.2d 89) (1996); United States v. Roberson, 6 F.3d 1088, 1091 (5th Cir. 1993). Accordingly, as a passenger in the stopped vehicle, Williams was entitled to the benefit of Fourth Amendment reasonableness requirements applicable to the temporary seizure of his person.

The trial court found that Williams had standing to contest the search of the vehicle. Because the State does not challenge this ruling on appeal, we do not address the issue of whether Williams had standing to contest the search of the vehicle in which he was a passenger. See State v. Cooper, 260 Ga. App. 333, 334-335, n. 9 ( 579 S.E.2d 754) (2003); but see Rakas v. Illinois, 439 U.S. 128, 143-144, n. 12 ( 99 S.Ct. 421, 58 L.E.2d 387) (1978); Burgeson v. State, 267 Ga. 102, 105-106 ( 475 S.E.2d 580) (1996).

It is undisputed that officer Spriggs made a valid traffic stop based on his observation that the vehicle had an improperly displayed tag in violation of OCGA § 40-2-41. Under Terry, an officer's actions taken during a valid traffic stop must be reasonably related in scope to the circumstances which justified the stop in the first place, and limited in duration to the time reasonably necessary to accomplish the purpose of the stop. Terry, 392 U.S. at 18-20; State v. Gibbons, 248 Ga. App. 859 ( 547 S.E.2d 679) (2001); Bell v. State, 248 Ga. App. 254, 256-257 ( 546 S.E.2d 34) (2001); Almond v. State, 242 Ga. App. 650, 652 ( 530 S.E.2d 750) (2000). Of course, during a valid traffic stop, an officer may ask questions not reasonably related to the circumstances which justified the stop where such questions are supported by reasonable suspicion of other criminal activity. Bell, 248 Ga. App. at 257. In the present case, the trial court suppressed evidence of methamphetamine found in the consent search on the basis that the license check and outstanding warrant checks run by the officer on St. John and Williams unreasonably expanded the scope and duration of the traffic stop in violation of the Fourth Amendment, and that St. John's consent was invalid as the product of this violation.

To the contrary, we find that neither the scope nor the duration of the stop was unreasonably expanded by the officer's computer checks to determine the status of St. John's driver's license and to determine whether St. John or Williams had outstanding warrants against them. We have recognized that it does not unreasonably expand the scope or duration of a valid traffic stop for an officer to prolong the stop to immediately investigate and determine if the driver is entitled to continue to operate the vehicle by checking the status of the driver's license, insurance, and vehicle registration. Sutton v. State, 223 Ga. App. 721, 723 ( 478 S.E.2d 910) (1996); Delaware v. Prouse, 440 U.S. 648, 657-659, 663 ( 99 S.Ct. 1391, 59 L.E.2d 660) (1979). We find it was also reasonable for the officer to request identification from Williams, the passenger, and to run a computer check on St. John and Williams for outstanding warrants.

Checking for outstanding warrants or criminal histories on the occupants of a vehicle at a valid traffic stop is justified by concern for officer safety during the stop. Police officers put their lives at risk when they approach occupied vehicles at routine traffic stops, and every year officers are the victims of shootings and other assaults by motorists at these stops. Maryland v. Wilson, 519 U.S. 408, 413 ( 117 S.Ct. 882, 137 L.E.2d 41) (1997); United States v. Holt, 264 F.3d 1215, 1221-1223 (10th Cir. 2001); United States v. Purcell, 236 F.3d 1274, 1278 (11th Cir. 2001). The presence of passengers in a stopped vehicle increases the officers' risks. Wilson, 519 U.S. at 413-414. Moreover, these risks do not depend on the subjective concerns of a particular officer, but are inherently part of the objective circumstances confronting officers at traffic stops. Ohio v. Robinette, 519 U.S. 33, 38 ( 117 S.Ct. 417, 136 L.E.2d 347) (1996). These risks create a strong interest in officer safety that justifies reasonable safety measures that minimally intrude upon the Fourth Amendment privacy expectations of motorists. Wilson, 519 U.S. at 415 and Pennsylvania v. Mimms, 434 U.S. 106, 110-111 ( 98 S.Ct. 330, 54 L.E.2d 331) (1977) (concern for officer safety at traffic stop justifies allowing officer to order the driver and passengers out of the vehicle, regardless of suspicion of criminal activity); United States v. Hensley, 469 U.S. 221, 235 ( 105 S.Ct. 675, 83 L.E.2d 604) (1985) (officers at traffic stop "were authorized to take such steps as were reasonably necessary to protect their personal safety"). Background checks on vehicle occupants for outstanding warrants or criminal histories allow officers to better determine whether a detained motorist poses an increased risk for violent behavior during the stop, and whether backup or other safety measures may be prudent. Holt, 264 F.3d at 1221-1222. Even though such checks are not related to the circumstances which justified the stop, they are motivated by officer safety issues inherent in the stop. They are not investigations intended to probe for concurrent criminal activity at the stop and do not alter the fundamental nature of the stop. Accordingly, these checks are minimally intrusive safety measures that do not unreasonably expand the scope of a valid traffic stop or its duration, as long as under the circumstances they do not unreasonably prolong the stop. Id. at 1221; Illinois v. Gonzalez, 204 Ill.2d 220, 222-236 789 N.E.2d 260, (2003); Purcell, 236 F.3d at 1277-1279.

As to passengers in the stopped vehicle, who are detained by the stop but are not suspected of any violation or other criminal activity, the officer may ask for identification but may not convey any message that a response is required. See Gonzalez, 204 Ill.2d at 235-236; compare Holt v. State, 227 Ga. App. 46 ( 487 S.E.2d 629) (1997) (unsuspected passenger's refusal to give accurate identification to officer was not a basis for an obstruction charge) and Edgell v. State, 253 Ga. App. 775, 777-778 ( 560 S.E.2d 532) (2002) (officer at traffic stop may not detain passenger in vehicle absent reasonable suspicion of criminal activity, and may not conduct a Terry pat-down absent reasonable belief that the passenger is armed and poses a danger). Although an officer may not take the passenger's mere refusal to answer as providing reasonable suspicion of other criminal activity, see Terry, 392 U.S. at 34 (White J., concurring), the refusal may lead the officer to take additional safety precautions.

Our review of the record and the videotape of the stop shows that, after making the stop, Officer Spriggs immediately requested and obtained the driver's licenses from St. John and Williams, ran a computer check from his patrol car on the status of St. John's license, and ran outstanding warrant checks on St. John and Williams. An outstanding warrant was found against St. John but nothing was found against Williams. The delay of approximately 17 minutes before the officer returned to the stopped vehicle was caused by the officer's reasonable effort to confirm whether or not the apparent warrant against St. John was valid. See Williams v. State, 233 Ga. App. 70, 71-72 ( 503 S.E.2d 324) (1998) (officer's 35 minute computer check for outstanding warrants on driver at traffic stop was reasonable because the driver's common name extended the time necessary to complete the check). After informing St. John that he would not be arrested on the warrant because the officer could not confirm that it was valid, the duration of the stop was again prolonged when St. John volunteered to the officer that he may have another outstanding warrant against him which the officer had not discovered. While officer Spriggs was making further reasonable efforts to confirm whether that warrant was valid, he informed St. John that he was stopped for an improperly displayed tag, and he asked St. John if he had been drinking and if he had any open containers of alcohol in the vehicle. The conversation about the tag was clearly related to the circumstances which justified the initial stop. Although questions about alcohol consumption and open containers were not related to the reason given for the stop, they were justified by reasonable suspicion based on the information Officer Spriggs had obtained about Officer Hunter's prior encounter with the vehicle. Powers v. State, 261 Ga. App. 296, 301 ( 582 S.E.2d 237) (2003). After St. John responded by admitting that an open container of beer was dropped in the presence of officer Hunter, and that he had another bottle of alcoholic beverage in the truck, it was reasonable for officer Spriggs to continue his investigation by asking for consent to search the truck for intoxicants. In any event, Williams does not contend the alcohol-related questions were unreasonable, nor did the trial court find they were unsupported by reasonable suspicion.

Under these circumstances, we find that the consent to search was voluntary and not the product of an illegally expanded traffic stop. The fact that St. John's consent did not occur until about 26 minutes after the vehicle was stopped was not the result of anything the officer did to unreasonably extend the scope or duration of the stop. Williams, 233 Ga. App. at 71-72. Even though 26 minutes into the stop the officer had not yet written St. John a ticket for the improperly displayed tag, the officer was not required to write the ticket and conclude the stop prior to diligently completing the background checks and investigating his reasonable suspicions regarding alcohol and open containers. See State v. Johnson, 209 Ga. App. 84, 86 ( 432 S.E.2d 580) (1993) (inquiry into duration of Terry stop focuses on whether officer diligently pursued the investigation). We find no basis for concluding that the officer did not diligently pursue the investigation or that he postponed writing the traffic ticket while engaging in activity that unreasonably expanded the duration or scope of the stop. Compare Gibbons, 248 Ga. App. at 868-869 (Ruffin, J. concurring).

The trial court's reliance on our opinion in State v. Swords, 258 Ga. App. 895 ( 575 S.E.2d 751) (2002) to support its ruling that the computer checks conducted by officer Spriggs improperly expanded the scope and duration of the traffic stop is misplaced. In Swords, the facts showed that a valid traffic stop based on reasonable suspicion of a tag violation had concluded when the officer determined there was no violation. Id. at 896. In the absence of any evidence of consent or reasonable suspicion of other criminal activity, we found additional detention and questioning of the driver regarding license, insurance, or other violations was improper. Id. at 896-897. Once a valid traffic stop has concluded, any additional detention and questioning must be based on consent or reasonable suspicion of other criminal activity. Id.; Gonzales v. State, 255 Ga. App. 149, 150 ( 564 S.E.2d 552) (2002). In the present case, the computer checks run by the officer were diligently pursued during the course of a valid traffic stop.

Judgment reversed. Barnes and Adams, JJ., concur.

ANDREWS, Presiding Judge.

DECIDED OCTOBER 29, 2003 —

RECONSIDERATION DENIED NOVEMBER 18, 2003 — CERT. APPLIED FOR.

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STATE v. WILLIAMS
(Oct 29, 2003)