BARGER V. COM.
CRIMINAL: Search and Seizure (Investigatory stop)
DATE RENDERED: 8/4/2006
In 2-1 decision, CA affirmed Jefferson Circuit Judge Lisabeth Abramson’s order denying Defendant’s motion to suppress. TC propertly ruled that an investigatory stop of the vehicle was legal because under the totality of the circumstances there was reasonable and articulable suspicion of criminal activity. The totality of the circumstances included the recent thefts at the Speedway, the fact that the same vehicle was in the parking lot three times in two hours in three different locations, and the erratic driving.
Scott Byrd, editor.