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Defendant's path was blocked and he was ordered around by the officer; that was a stop

By John Wesley Hall, Jr.

Defendant's stop was without reasonable suspicion, and it is suppressed. United States v. Cooley, 2008 U.S. Dist. LEXIS 57178 (N.D. Ala. May 7, 2008): When Fortson pulled up behind the Defendants' vehicle, he knowingly and effectively blocked their exit; as it was his determination to interview them. The officers emerged from their marked patrol vehicle and approached the Defendants' vehicle in a manner which would suggest to a reasonable person that the Defendants were not free to leave. The officers were in uniform; and they approached each side of the Defendants' vehicle. As the officers advanced on the Defendants' vehicle, and Defendant Cooley opened the door to leave the vehicle, Detective Fortson gave him "a direct order" not to leave the vehicle...continue to full post

Full post as published by Fourth Amendment on August 01, 2008 (boomark / email).