Payne v. State

Richard W. Payne appeals the denial of his motion to suppress a firearm. Because we agree with Payne’s contention that the state failed to establish the validity of the initial stop, we reverse.

At approximately 11:45 p.m., Officer Horri-gan was on patrol in an unmarked car and observed three people walking through a convenience store parking lot. The officer testified that they appeared to be either arguing or intoxicated, but he provided no details about their behavior. Officer Horrigan decided to watch the three and drove around the store to get a better view. While he did this, the three…