DE: Nervousness alone isn’t RS to extend a stop

Defendant’s motion to suppress is granted. About all the officer could show was that defendant was nervous, and that’s not reasonable suspicion to extend this stop. The questioning of defendant about his travel plans wasn’t any aid to the state because defendant was truthful. State v. Ward\, 2016 Del. Super. LEXIS 448 (Sept. 8, 2016).

The warrant was issued on probable cause, and a part of that was a plain view that occurred before the warrant was issued. State v. Norris, 2016-Ohio-5729, 2016 Ohio App. LEXIS 3592 (2d Dist. Sept. 9, 2016).*

Defense counsel couldn’t have been ineffective for not pursuing a motion to suppress evidence found at the scene of the crime without alleging that it was his. Thus, he lacked standing, and would have lost on the merits anyway. Mays v. State, 2016 Tenn. Crim. App. LEXIS 679 Sept. 9, 2016).*