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Sargent v. State

Innocent behavior will frequently provide the basis for a showing of reasonable suspicion, and in making that etermination, the relevant inquiry is not whether particular conduct is innocent or criminal, but the degree of suspicion that attaches to particular types of noncriminal acts.

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AFFIRMED AND OPINION FILED AUGUST 16, 2001.

OPINION

This is an appeal from a motion to suppress. An undercover officer observed appellant engage in suspicious conduct under circumstances which led him to believe appellant was transacting drug business. Appellant was detained and, during a pat-down, a bag of heroin fell from appellant to the ground. Appellant was charged with possession with intent to deliver a controlled substance. After the trial court denied his motion to suppress, appellant pled guilty, and the court sentenced him to an agreed punishment of 25 years’ confinement. In his sole issue, appellant argues the trial court abused its discretion in denying his motion to suppress. We affirm.

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