COM. V. MORGAN
CRIMINAL: SEARCH AND SEIZURE (INVESTIGATORY STOP, VEHICLE)
2005-SC-000702-DG.pdf
PUBLISHED: REVERSING
OPINION BY ABRAMSON; NOBLE CONCURS BUT WOULD STRESS THAT MERELY LEAVING ONE’S HOME AFTER A POLICE CAR DRIVES BY WOULD NEVER STANDING ALONE CONSTITUTE A REASONABLE SUSPENSION TO MAKE AN INVESTIGATORY STOP
DATE RENDERED: 01/24/2008
SC reversed the CA and reinstated Morgan’s conviction for drug offenses. TC properly denied the Defendant’s motion to suppress as the police had the requisite reasonable suspicion to conduct an investigatory stop of the Defendant’s vehicle. After considering the totality of the circumstances, SC found that Sheriff’s prior knowledge and his observations of Morgan and Evans adequately corroborated the anonymous tip. Therefore, the Sheriff possessed the requisite reasonable suspicion that Morgan and Evans were engaging in criminal activity to justify his investigatory stop.
SCOTT C. BYRD
