State v. Grant

The trial court granted defendant’s motion to suppress, and the state appeals, arguing that the officer, who saw the defendant drop a glass pipe, had reasonable suspicion to believe the pipe was used to smoke crack. We reverse.

The officer testified that he was walking in a narcotics area, at night, near an abandoned building. He observed the defendant behind a wall, with a lighter in one hand and a glass pipe in the other. When the defendant saw the officer, who had turned on his flashlight, he dropped the pipe. After a backup arrived, the officer retrieved the glass pipe, which contained…