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Presence in high drug area in addition to evasiveness is NOT REASONABLE SUSPICION.

Posted by Phoenix S. Ayotte | Oct 28, 2015 | 0 Comments

Just a few days ago, the Fourth Circuit again flexed it's Fourth Amendment muscles in a fair, yet surprising decision.  Presence late at night in an area known for drug dealing, in addition to evasive and nervous behavior, is not enough to satisfy the required standard of reasonable articulable suspicion.  In fact, the justices said, the seizure was "a happenstance of geography."

Read the full opinion here:

About the Author

Phoenix S. Ayotte

Ms. Ayotte of Ayotte Law is of counsel to Carmichael Ellis & Brock. She was named one of the "Top 100 Trial Lawyers" by the National Trial Lawyers Association in 2014, "Top 40 Under 40" in 2015, "Top Lawyer" by Who's Who Global Directory, and a "Rising Star" by Super Lawyers in 2016. In the past year alone, Ms. Ayotte has been responsible for dismissals, acquittals, or reduced charges in many serious cases where her clients were unjustly charged, such as: accessory to homicide, felonious mob assault, attempted malicious wounding, robbery, abduction, arson, possession with intent to distribute, burglary, counterfeiting, sodomy with a minor, child abuse, domestic assault, and more


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