Salmeron v. State

In Salmeron v. State, 280 Ga. 735 (632 SE2d 645) (2006), the Georgia Supreme Court clarified this area of the law by ruling that "the Fourth Amendment is not violated when, during the course of a valid traffic stop, an officer questions the driver or occupants of a vehicle and requests consent to conduct a search." Id. at 736 (1). "If a driver is questioned and gives consent while he is being lawfully detained during a traffic stop, there is no Fourth Amendment violation." Id. The police may lawfully ask questions unrelated to the purpose of a valid traffic stop, so long as the questioning does not unreasonably prolong the detention. Salmeron, supra, 280 Ga. at 736 738 (1). In Salmeron, the Georgia Supreme Court expressly rejected this proposition when it rejected the dissent's claim that "mere extraneous questioning, which does not have the effect of prolonging an already valid seizure for a traffic offense, can itself constitute an independent unreasonable seizure of the traffic offender." 280 Ga. at 738 (1).