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A stop and a detention without reasonable suspicion suppressed

By John Wesley Hall, Jr.

Defendant's coming out of the shadows and getting into a vehicle is indicative of no crime, so his stop was invalid. Leroy v. State, 2008 Fla. App. LEXIS 8097(Fla. App. 1 Dist. June 2, 2008): The State is unable to meet its burden. No reasonable suspicion of trespass arose from Appellant's mere presence on the property. There was no BOLO with his description, nor was he observed to have an equipment or moving violation. Officer Hayes did not recognize Appellant as someone who had previously trespassed. Appellant was lawfully sitting in his vehicle and, although he was in a high crime area, standing alone, that was insufficient to establish reasonable suspicion. Request for consent came after reasonable suspicion for a continued stop was required and was absent...continue to full post

Full post as published by Fourth Amendment on June 06, 2008 (boomark / email).