Weaver v. State

STONE, Judge.

The defendant, Amos Weaver, appealed from a conviction for possession of cocaine. He asserted that the trial court erred in denying a motion to suppress evidence found in his sock during a warrantless search of his person. We reverse.

On two occasions on the morning in question, Weaver was observed by a passing deputy, along with a codefendant, loitering beside a railroad track, near an intersection, in a known “drug area.” One of them waved at the deputy, who acknowledged that his vehicle was well known in the area. He considered the circumstances to be suspicious and requested…