Background

• On Oct. 20, 2010, police blocked a driveway at 33 Thorniley Street after observing the defendant leave his home with a weighted bag en route to that address.
• Informants provided reliable information that the defendant sold large quantities of marijuana and that 33 Thorniley Street stored drugs and cash.
• Earlier in October 2010, the defendant was observed driving to 33 Thorniley Street, parking, and entering the building for five minutes.
• The police later observed the defendant leaving with a weighted Walmart bag toward 33 Thorniley Street, forming a basis for a stop and possible arrest.
• The marijuana later found in the defendant’s vehicle was seized in plain view during a lawful stop, preceding any vehicle search.
• The trial court denied the suppression motion, concluding the stop was based on reasonable and articulable suspicion.

Issues

Key Cases Cited

• United States v. Arvizu, 534 U.S. 266 (2002) (totality of circumstances governs reasonable suspicion)
• Navarette v. California, 134 S. Ct. 1683 (2014) (reasonable suspicion requires a particularized, objective basis)
• United States v. Cortez, 449 U.S. 411 (1981) (investigatory stop must be justified by objective manifestations)
• Terry v. Ohio, 392 U.S. 1 (1968) (brief detentions with reasonable suspicion permissible)
• Illinois v. Wardlow, 528 U.S. 119 (2000) (flight from police not necessarily indicating criminal activity)
• United States v. Sokolow, 490 U.S. 1 (1989) (reasonable suspicion must fall short of probable cause)