Officers had reasonable suspicion from defendant being in a high crime area and not complying with officers\u2019 directions and another man fled. United States v. Smullen, 2011 U.S. Dist. LEXIS 130143 (D. Del. November 9, 2011)*:<\/p>\n
Considering this authority against the totality of the circumstances of record, the court finds that Smith’s stop of defendant was supported by reasonable suspicion. In so doing, the court credits Smith’s testimony and concludes it was reasonable to infer that defendant was engaged in criminal activity and posed a danger to officer safety based on: (1) defendant’s evasive actions after learning that O[peration] S[afe] S[treets] officers requested entry to the residence; (2) defendant’s noncompliance with OSS’ request; (3) defendant’s immediate exit from the back of the residence via the fire escape staircase instead of the front door; (4) defendant’s stuttering and shaking when confronted on the fire escape staircase by Smith; (5) Smith was alone in the dimly lit backyard in an area fraught with crime; (6) Smith did not recognize defendant; and (7) defendant (an unidentified male to Smith) was fleeing the residence and descending steps leading to Smith.<\/p><\/blockquote>\n
The testimony supports the USMJ\u2019s conclusion that the officer was credible on defendant consenting. United States v. Starling, 2011 U.S. Dist. LEXIS 130121 (N.D. W.Va. November 9, 2011), R&R 2011 U.S. Dist. LEXIS 130119 (N.D. W.Va. October 14, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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