State v. Kasparian

The state appeals an order suppressing drugs dropped by the defendant upon being approached by officers. The trial court' suppressed the evidence on the ground that the officers’ “show of authority” constituted an invalid stop. We hold that the officers’ conduct did not constitute a stop of the defendant. Because the defendant dropped the drugs prior to any stop, the court erred in granting the motion to suppress.

At the suppression hearing, the officers involved testified to the incident leading to the recovery of the drugs and the arrest of the defendant. Detectives Mesa and Faust were…