Smith v. State

Anthony Smith appeals the trial court’s denial of his motion to suppress. We reverse. Because appellant was legally parked on a residential street and did not give any indication that he might be in need of police assistance, we conclude that under the totality of the circumstances appellant was seized for Fourth Amendment purposes when the law enforcement officer parked “catty corner” to appellant’s vehicle, activated his emergency police lights, and used a spotlight to illuminate appellant’s vehicle.

Appellant was charged by information with possession of cocaine and misdemean- or possession…