State v. B.B.
The client was approached by police officers while sitting in a parked car with its headlights dimmed in a parking lot with no open businesses. The charge was dismissed after the judge determined at a motion hearing that the stop was illegal because the officer acted on a “hunch” that the client was involved in illegal conduct while parked at a business after hours, but had no reasonable belief that the client was actually doing anything illegal. Police officers cannot arrest on a hunch without some reason to interact with the public.
Practice area(s): DUI / DWI