Duke v. State

Johnson, Presiding Judge.

Walter Duke appeals from his conviction of obstructing a law enforcement officer. Because the trial court erred in denying Duke’s motion to suppress evidence, we must reverse the conviction.

At about 12:40 a.m., on December 31, 1999, two undercover police officers were watching an apartment for suspected drug sales. The officers were sitting in a car in the apartment complex parking lot when they saw a moving van drive into the lot. The van stopped near the stairs leading down to both the basement apartment under surveillance and another basement apartment. The driver…