State v. James Legette076124)

The issue on appeal is whether, during an investigatory stop, it is permissible for a police officer to follow suspects into their homes and seize evidence.

In response to a noise complaint, an officer arrived at Defendant James L. Legette’s apartment complex, where he observed defendant standing with another man in a public area. Because defendant began to walk away when the officer identified himself, the officer commenced an investigatory stop, asking defendant for identification. When defendant offered to retrieve identification from his apartment, the officer said he would have to…