Legal Topics

Criminal law — Driving under influence — Search and seizure — Investigatory stop 

Dec 13th, 2022 in by admin

Criminal law — Driving under influence — Search and seizure — Investigatory stop — Defendant seated in vehicle legally parked on residential street was seized when police parked patrol vehicle with emergency lights activated behind vehicle that was legally parked on residential street and two officers approached vehicle in full uniform and illuminated vehicle interior with flashlights — Because officers did not have reasonable suspicion of criminal activity under totality of circumstances, seizure was unlawful — Motion to suppress is granted