United States v. Valerio, No. 12-12235 (11th Cir. 2013)Annotate this Case
Defendant was convicted of growing more than 100 marijuana plants and subsequently appealed the district court's denial of his motion to suppress evidence. The court concluded that the officers' seizure here was not authorized by the Fourth Amendment because the constitutional authority to make a stop pursuant to Terry v. Ohio was dependent on the exigencies associated with on-the-spot observations of the officer on the beat. The timing and circumstances surrounding the officers' seizure of defendant in this case placed it well outside of the Terry exception to the probable cause requirement. Accordingly, the district court erred in denying defendant's motion and the court vacated his conviction.