CA6: Tip of man pacing in a parking lot in an area known for burglaries was RS for stop

Defendant was found to be the subject of a tip that a man was pacing in a parking lot in an area known for burglaries. When confronted, the officer found a warrant for his arrest. When his vehicle had to be towed anyway, a dog alert was reasonable. United States v. Betts, 2020 U.S. App. LEXIS 9651 (6th Cir. Mar. 27, 2020).* [Note: As described by the court, it was essentially Terry-like.]

The stop led to the strong odor of cannabis coming from the vehicle, whether burnt or raw. Coupled with the passenger’s furtive movements, the officers were able to particularize the odor to defendant such that sufficient probable cause supported the search of his person before the observation of a weapon. Handcuffing defendant did not transform the valid Terry stop into an arrest. And, even it if did, both the inevitable discovery exception and the state good faith exception to the exclusionary rule applied to neutralize any possible threat to them where the worst that could be shown was isolated negligence. People v. Burns, 2020 IL App (3d) 170103, 2020 Ill. App. LEXIS 206 (Mar. 27, 2020).*