Painter v. State

Pope, Presiding Judge.

Pursuant to this Court’s grant of their interlocutory application, Russell Painter and Theresa “Tracy” Pruitt appeal the superior court’s denial of their motion to suppress. Concluding that Officer Ashcraft lacked a particularized and objective basis for stopping Painter’s truck, we reverse.

Evidence at the suppression hearing was that on February 6, 1996, Officer Greg Ashcraft of the Douglas County Sheriff’s Department was conducting an undercover surveillance in a public parking lot in front of a restaurant/bar. Ashcraft testified that he had previously witnessed drug…