Drug Crimes Case Study
Whether the stop and frisk of the defendant was lawful under Terry v. Ohio.
The court suppressed the drug evidence, finding that the officer lacked reasonable articulable suspicion to stop and frisk the defendant. The court held that the defendant's presence in a high-crime area and his flight upon seeing police — without more — did not provide reasonable articulable suspicion of criminal activity.
Terry stops require reasonable articulable suspicion of criminal activity — not merely presence in a high-crime area or flight from police. This case is an important precedent for challenging drug evidence obtained through unlawful stops and frisks. D.J. Rivera files suppression motions in every case where the initial stop may have been unlawful.
This case involves § 18.2-250 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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