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State v. Gilder9/9/1999
ut upon all the circumstances, including the silent alarm, the curiosity of the defendants in the crime scene, and the officer's articulable knowledge of patterns of criminal behavior. None of these circumstances are present in this case.
The other cases relied on by the State are also distinguishable on the basis of additional specific, articulable facts, and the officer's testimony which provided the foundation for the inferences which may be drawn therefrom. Because such additional evidence was not provided here, we decline to set forth each case and then distinguish it in detail here.
We conclude that the District Court erred when it denied Gilder's motion to suppress and we reverse the judgment of the District Court.
TERRY N. TRIEWEILER
We Concur:
J. A. TURNAGE
WILLIAM E. HUNT, SR.
KARLA M. GRAY
JIM REGNIER
JAMES C. NELSON
W. WILLIAM LEAPHART
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