Herrmann v. State

Joseph Herrmann appeals the trial court’s denial of his motion to suppress evidence. Because the officer lacked a founded suspicion to conduct the traffic stop that resulted in the seizure of cocaine from Herrmann’s vehicle, we reverse.

At approximately 4:30 a.m., Deputy Johnson observed a Mustang parked at a Texaco gas station near some pay telephones. The station was open for business. The deputy observed Herrmann talking on the telephone and then walking back to the Mustang and entering the driver’s seat. Another individual then exited the Texaco station store yelling, talking and waving…