State v. Westmoreland

Carley, Presiding Judge.

After appellee had been indicted for possession of cocaine, he filed a pre-trial motion to suppress. The trial court conducted a hearing on appellee’s motion and found the following facts: While appellee and several others were standing together in a public area, they were observed by a uniformed officer who was driving a marked patrol car. The officer had no articulable suspicion that appellee was engaged in any criminal activity. However, the officer nevertheless stopped his patrol car and, upon approaching the group, asked if appellee would consent to be searched.…