 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Williams4/5/2005
tigatory stops because they involve no coercion or detention. United States v. Berry, 670 F.2d 583, 591 (5th Cir. 1982). The encounters are consensual and have been applied to individuals in parked vehicles. 3 Wayne R. LaFave, Search and Seizure § 9.2(h) (2d ed. 1987). The totality of the circumstances in light of the time and place of the encounter and the conduct of the individuals involved must control. United States v. Cortez, 449 U.S. 411, 417 (1981).
The circumstances, here, whether the officer had approached from the front or the rear, warranted the encounter. The record establishes that the vehicle was either stopped or traveling so slowly as to make it difficult to tell the difference. The photographs document the width of the street and the unmarked lanes of traffic.
Accordingly, the judgment of the trial court is reversed and the cause is remanded for a trial on the merits.
|