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Name: People v. Pitts
Case #: D041775
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/13/2004
Summary

Police officer Louck suspected that a home at 8619 Park Run Road was being used in the sale of methamphetamine. While Louck was watching the home, appellant walked around the corner. Louck recognized him from prior contacts and from a “be on the lookout” bulletin issued by the Sheriff’s Department a few months earlier. The bulletin was issued as a result of a tip from an untested informant, and stated that appellant was suspected in the sale of methamphetamine, and was on diversion for a previous arrest. Louck detained appellant and patted him down, finding a controlled substance. The appellate court here reversed the denial of appellant’s suppression motion. Under the circumstances, Louck lacked reasonable suspicion justifying the detention. The “be on the lookout” bulletin was void of any indicia of reliability. The fact that appellant was in a “high crime” area did not elevate the facts into a reasonable suspicion of criminal activity. Even considered in their totality, the circumstances known to Louck at the point of detention did not include any specific and reliable information indicating appellant was presently engaged in criminal activity.