MS: RS justified def’s “detainment” and it turned into search incident

Officers were investigating an armed robbery and were looking for suspects. Defendant conceded in his motion to suppress that the stop was valid, so he can’t argue to the contrary on appeal. In his patdown, something rolled up was found, and defendant pulled out money saying he won it gambling. That was consent. The trial court erred in not considering the “length of the detainment” for Terry purposes, but, on the record the appellate court has, this was all valid as a search incident. Gales v. State, 2014 Miss. LEXIS 501 (October 9, 2014).

On New Years Eve, defendant, a known drug dealer, was seen driving erratically and was followed to a house. He got out of the car and walked to the house, glanced at his cell phone, knocked, and the occupants shook their heads “no.” Defendant turned to leave and saw the police car and went between the houses instead of back to his car. That evasion was reasonable suspicion for a stop. State v. Smith, 2014 Mo. App. LEXIS 1133 (October 9, 2014).*

A motion to suppress regarding the way the HGN test was conducted was not sufficient to put the state on notice as to defendant’s concern that the test was not in substantial compliance with NHTSA standards. Issue waived because it’s not based on the “particular grounds” being asserted. State v. Todd, 2014-Ohio-4489, 2014 Ohio App. LEXIS 4378 (5th Dist. October 9, 2014).*