Montero v. State

In Montero v. State 245 Ga. App. 181 (537 SE2d 429) (2000), the police stopped Montero based upon a window tint violation. The officer interrogated Montero and asked for consent to search his vehicle, and Montero agreed. Pursuant to the consent, the officer searched the interior of the car and then the trunk, where he found a large cardboard box which was taped shut. Montero then refused to allow the police to search the box, and the officer summoned a K-9 unit, approximately 35 minutes after the initial traffic stop. The drug detection dog arrived 20 minutes later and indicated the presence of marijuana in the box. The Court reversed the trial court's denial of Montero's motion to suppress, concluding that the officer lacked a reasonable suspicion of criminal activity. See id. at 184.