STATE v. ROGERS

No. CR-95-0555-PR.

186 Ariz. 508 (1996)

924 P.2d 1027

The STATE of Arizona, Appellant, v. Clive ROGERS, Appellee.

Supreme Court of Arizona, En Banc.

As Amended September 27, 1996.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Attorney by David Ramage-White, Deputy County Attorney, Tucson, for Appellant.

Susan A. Kettlewell, Pima County Public Defender by William J. Kirchner, Deputy County Public Defender, Tucson, for Appellee.


OPINION

MOELLER, Justice.

STATEMENT OF THE CASE

In this narcotics case, the trial court granted defendant's motion to suppress because it found an investigatory stop violated the Fourth Amendment. Two police officers had stopped defendant because he emerged at night from behind some large bushes in a darkened residential area, walked down the middle of the road, and stared at two other police officers as they conducted a traffic...

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