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Walker v. State

Since the defendant's detention was illegal, his attempt to avoid it could not support an obstruction charge.

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A jury found Kevin Walker guilty of possession of cocaine and two counts of misdemeanor obstruction of an officer. He appeals from the convictions entered on the verdict, challenging the trial court’s denial of his motion to suppress evidence. Walker asserts that law enforcement officers: 1 unlawfully detained him when they prevented him from leaving the scene; 2 frisked him without having a reasonable suspicion that he was armed or posed a safety threat; and 3 conducted a search of his person that exceeded the scope of his consent. For the reasons set forth below, we reverse. On a motion to suppress, the burden of proving the search was lawful is on the state.1 An appellate court reviewing a trial court’s order on a motion to suppress must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.2 Where, as here, the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo review.3

The record shows that on March 27, 2007, four officers with the City of Covington Police Department were patrolling Ridge Avenue at about 6:15 p.m, while it was still daylight. They drove an unmarked car, but were wearing vests with “POLICE” printed on them and other clothing articles indicating they were police officers. Although police had received ongoing complaints that drug transactions took place on that street, they had not received any complaints of drug activity on this particular day.

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