Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Kirkland v. State

The officer's initial encounter with the defendant was a first-tier encounter that required no articulable suspicion because the defendant was sitting in a parked car and the officer did not block the defendant's vehicle, activate his blue lights or otherwise indicate that the defendant was unable to leave.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a stipulated bench trial, Averil Lydell Kirkland appeals from his conviction of possession of marijuana with intent to distribute, contending that the trial court erred by denying his motion to suppress. For the reasons that follow, we affirm.

Construed in favor of the verdict,1 the evidence shows that a police officer on patrol encountered Kirkland sitting in a parked car, which was backed into a private residence. The officer was aware of an armed robbery one quarter mile away approximately 45 minutes prior to his encounter with Kirkland, whom the officer observed to be an African-American male wearing a black stocking cap and dark hooded sweatshirt—features matching those of the suspect in the armed robbery. The suspect also was described as carrying a Glock-style handgun. Based on the similarity of the suspect’s description, the officer stopped his marked cruiser and approached Kirkland, who was talking on a cell phone in his car.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
U.S. Bankruptcy Judge

The United States Court of Appeals for the Tenth Circuit seeks applications for a bankruptcy judgeship in the District of Utah. Bankruptcy ...


Apply Now ›
Securities and Capital Markets Senior Attorney

Harter Secrest and Emery is seeking a securities and capital markets attorney, senior associate or counsel level, with eight or more years o...


Apply Now ›
ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›
Go to Lawjobs