714 S.E.2d 917
S.C. Ct. App.2011Background
- Hardee's parking lot in Columbia is a known drug-sale location; local manager reported frequent drug activity over years.
- Investigator Lutz observed a Jeep with occupants not eating, one looking around and smoking while parked at back of lot.
- Burgess entered the lot later in a white car, parked askew near Lutz, and the Jeep passenger briefly entered Burgess's car.
- The Jeep passenger handed something toward Burgess; Burgess and the Jeep’s occupant were in Burgess’s vehicle for about fifteen seconds.
- Lutz observed Burgess drive off; Burgess and the passenger parked, Burgess moved as if concealing something, and a black bag containing drugs was found on the driveway beneath Burgess’s seat.
- Burgess was charged with trafficking crack cocaine and PWID offenses; she moved to suppress evidence, which the trial court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lutz had reasonable suspicion to stop Burgess | Burgess | Burgess | Lutz had reasonable suspicion; stop justified |
Key Cases Cited
- United States v. Cortez, 449 U.S. 411 (1981) (reasonable suspicion from totality of circumstances)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (location known for drug activity permits reasonable inferences)
- United States v. Johnson, 599 F.3d 339 (4th Cir. 2010) (deference to officer’s training and experience in spotting drug transactions)
- United States v. McCoy, 513 F.3d 405 (4th Cir. 2008) (totality of the circumstances analysis for reasonable suspicion)
- United States v. Sprinkle, 106 F.3d 613 (4th Cir. 1997) (distinguishable; absence of corroborating criminal activity)
- State v. Corley, 392 S.C. 125, 708 S.E.2d 217 (2011) (stop supported by reasonable suspicion at known drug location)