Criminal – Expansion of Stop

In reversing a District Court suppression order, the Court finds that observations made by an officer justified expanding the original stop by asking for consent to search where the officer smelled alcohol and a chemical order. The defendant’s probation prohibited him from consuming alcohol and the appearance of one of the passengers was consistent with meth use.   State  v.  Ramirez A09-0301  (Ct. App. Unbubl.  08/04/09)

Criminal – Drug Arrest – Probable Cause

The defendant accompanied a woman who was just observed participating in a drug transaction. One of the participants stated that the defendant was present with the woman during prior drug transactions.  When the officer approached the vehicle he saw the defendant holding $160.00 in cash. The Court finds there was probable cause to arrest the defendant.  State  v.  Hollins, A08-0971  (Ct.  App. Unpubl.  08/11/09)

Criminal – Approaching Stopped Vehicle

Officers drove behind a truck that was behind a closed truck stoop.  The defendant exited the vehicle on his own and told the deputies he had too much to drink.  The Court finds there was no seizure until after the defendant had left his vehicle and spoke with deputies.  State  v.  Casey, A08-1345  (Ct. App. Unpubl.  08/11/09)

Criminal- Brake Lights – Littering

An officer observed a vehicle with the center light not working, and at the same time noted the defendant was littering.  The Court finds each offense constitutes separate, valid reasons to stop the vehicle even though the officer did not investigate the violations further.  State  v.  Beall, A09-0501  (Ct. App. 08/25/09)