{"id":2429,"date":"2008-12-24T09:03:16","date_gmt":"2008-09-01T09:22:15","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-09-01T09:22:15","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2429","title":{"rendered":"DE: Arrest of bystander to drug operation was without factual basis"},"content":{"rendered":"

Defendant was a bystander to a drug operation, and there was no reasonable suspicion tying him to the operation to justify his detention. Lopez-Vazquez v. State<\/a>, 956 A.2d 1280 (Del. 2008):<\/p>\n

The observed nervous behavior by an unknown person standing next to and conversing with a known drug suspect gave police a “hunch” that the unknown person might be involved with the target of their investigation. Nothing in the record, however, provides concrete reasons why the remainder of the wholly innocent events that occurred before the seizure (for example, entering into a multi-unit apartment building after Hernandez, spotting Lopez-Vazquez outside of the building–and alone–an hour later by himself) combine into a “suspicious conglomeration” which supports a Terry<\/em> stop. We do not find the totality of the circumstances to give rise to the requisite reasonable and articulable suspicion of criminal activity by Lopez-Vazquez required under Terry<\/em> to justify seizing him.<\/p><\/blockquote>\n

Investigative detention was justified by defendant providing an obviously false ID, he was fidgeting with furtive movements, his passenger had a felony warrant out for her, and the officer was alone and backup would not arrive for a while. Grissom v. State<\/a>, 262 S.W.3d 549 (Tex.App.\u2014Texarakana 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2429","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2429","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2429"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2429\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2429"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2429"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2429"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}