Butterworth v. State

STONE, Judge.

The defendant appeals an order denying a motion to suppress. The arresting officer testified that while on patrol at 3:00 a.m. in an area known for drug transactions, he observed a man standing next to the defendant’s automobile, leaning down, “as if conversing” with the defendant. The car was parked on the shoulder of the road and the occupants looked straight ahead as the officer passed by. As the officer approached again, the defendant drove away. The individual on foot walked quickly into the shadows. These were the only facts asserted to justify the officer stopping the car.

T…