746 S.E.2d 352
S.C. Ct. App.2013Background
- Moore was stopped for speeding and lane deviations on I-85 in Spartanburg County; officer formed suspicion based on nervousness, alcohol odor, rental car, and other behaviors.
- Moore admitted drinking; sobriety tests passed for impairment; Moore declined consent to search.
- K-9 alerted to contraband after 32-minute detention; officers searched the car and found crack cocaine, alcohol, a weapon, and cash.
- Trial court denied suppression, finding reasonable suspicion existed due to multiple indicators; Moore was convicted of trafficking cocaine base and weapon possession.
- On appeal, the court reversed, holding the continued detention unlawful and suppressing the seized drugs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continued detention after initial stop was lawful | Moore argues detention exceeded stop; no reasonable suspicion | State argues totality of circumstances showed suspicion | Unlawful; suppression ordered |
| Whether officer had reasonable suspicion of serious crime | Moore contends factors insufficient | State asserts multiple indicators collectively show suspicion | Insufficient; no reasonable suspicion to extend detention |
| Effect of trial court's factual findings on review | Moore argues findings support suspicion | State relies on record, not post hoc reasoning | Facts do not support reasonable suspicion; suppression affirmed |
Key Cases Cited
- State v. Provet, 391 S.C. 494 (Ct.App.2011) (discusses reasonable suspicion standard in SC suppressions)
- State v. Tindall, 388 S.C. 518 (Ct.App.2010) (flight indicators insufficient for suspicion)
- State v. Wallace, 392 S.C. 47 (Ct.App.2011) (considering officer experience in anomaly analysis)
- State v. Taylor, 401 S.C. 104 (Ct.App.2013) (totality of circumstances with common-sense judgments)