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Investigatory stop and detention no reasonable suspicion justifying stop and detention

Posted by John P. Rutkowski | Apr 13, 2018 | 0 Comments

Search and seizure, Investigatory stop and detention. Detective had no reasonable suspicion justifying stop and detention of defendant who was in the driveway of the address to which a package containing marijuana, addressed to a fictitious person, was to be delivered. Mere presence at place of potential criminal activity does not, by itself, furnish reasonable suspicion that person is committing a crime. Consent,

Defendant's consent to search of his vehicle was invalidated by his unlawful detention. Trial court erred in denying defendant's motion to suppress contraband discovered in search of defendant's vehicle. Read Case Below:

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.


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