“Objective, articulable suspicion of criminal activity”

December 12, 2012

  • 35 Arrest
  • 35II On Criminal Charges
  • 35k60.2 Investigatory Stop or Stop and Frisk
  • 35k60.2(6) Grounds for Stop or Investigation
  • 35k60.2(13) k. Particular cases.

35 ArrestOfficer did not have objective, articulable suspicion of criminal activity, as would warrant second-tier detention, even though defendant exercised his right to walk away from first-tier encounter, ignored officer, was present in a high-crime area, walked in a slumped position, and wore hooded sweatshirt in early March.
Ewumi v. State, 727 S.E.2d 257
Suggested by Stephen W. Brown, Associate; Bouhan Williams & Levy, LLP; Savannah, GA