Commonwealth v. Smithers

By Judge Donald W. Lemons

On Match 2,1995, Officer James Hannah stopped an automobile driven by Quinton Lee Smithers because a passenger was known by police to be wanted on outstanding warrants. There was no other reason for the stop of the automobile. The defendant had not committed traffic offenses and the officers involved acknowledge that there was no reasonable articulable suspicion of criminal activity on the part of the defendant prior to the stop.

Officer Broadnax approached the stopped automobile on the passenger side and Officer Hannah approached on the driver’s side. Officer Hannah…