Colorado v. Revoal
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Defendant Anthony Revoal was charged with one count of possession with intent to manufacture or distribute marijuana in an amount less than five pounds after an investigatory stop and "Terry" frisk revealed marijuana and a scale containing marijuana residue. At the time of the stop, the police were aware that: (1) it was 11:30 p.m.; (2) robberies had recently occurred in the area; (3) Defendant was standing on the side of a closed sandwich shop; (4) Defendant walked to the side of an open liquor store, then walked toward the back of the liquor store, where it was dark; and (5) Defendant turned and walked away from the investigating officer when he saw the patrol vehicle. The trial court suppressed the marijuana evidence on the basis that these facts did not give the investigating officer reasonable suspicion to conduct the stop. Upon review, the Supreme Court affirmed the trial court, finding that the facts and circumstances the officer knew at the time of the intrusion, viewed either individually or in conjunction with each other, did not amount under the "totality of the circumstances" to a reasonable suspicion sufficient to justify the officer's investigatory stop.
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