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Investigatory stop and detention no reasonable suspicion justifying stop and detention

Posted by John 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,

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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 Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.


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