State v. EllisAnnotate this Case
The Supreme Court reversed the decision of the Court of Appeals affirming the trial court's denial of Defendant's motion to suppress evidence, holding that there was no reasonable suspicion to justify the law enforcement officer's stop when Defendant signaled with his middle finger from the passenger side window of a moving vehicle.
While assisting a stranded motorist, the officer turned his attention to another car traveling on the roadway, a white SUV. Defendant had his arm outside the passenger window and gestured with his middle finger, making an up-and-down motion. Believing that Defendant was committing the crime of disorderly conduct, the officer pursued and then stopped the SUV. At trial, Defendant moved to suppress the officer's testimony, arguing that there was no reasonable suspicion to justify the stop. The trial court denied the motion. Defendant pleaded guilty to resisting, delaying, or obstructing a public officer. The court of appeals affirmed the trial court's denial of Defendant's motion to suppress. The Supreme Court reversed, holding that the specific, articulable facts did not establish reasonable suspicion of the crime of disorderly conduct.