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3RD DCA ROUNDUP -JUST OUT FOR A STROLL EDITION

By "Captain Liberty" and "Rumpole"

The 3rd DCA goes for a stroll this week. Come along.....In MR v State, the 3rd, along with its resident health enthusiast- Judge Schwartz- affirms the long standing principle that it is just nice sometimes to take a walk, even if you happen to be doing it in an area known for prostitution and even if the person strolling is known to the officer has having engaged in the world's oldest profession in the past. "The conduct of the appellant juvenile, a sixteen-year-old female, which consisted only of walking down the street in a ?high prostitution area? at 9:30 in the evening, did not give rise to the founded or articulable suspicion of unlawful activity necessary to justify the Terry stop effected by the police when, after engaging in a consensual and uneventful conversation, they placed her in their patrol car pending a ?record search...continue to full post

Full post as published by Justice Building Blog on April 21, 2010 (boomark / email).