Reference no: EM131706623

Officer Friendly is patrolling the streets of Methville. His beat is in an area known for its high volume of drug transactions. He sees Hugh G. Bear, a resident of that area of town sitting on the front steps of an apartment complex. He decides to go over and speak with him. Friendly approaches Bear and asks him what is going on. Bear replies that he has nothing to say to the officer and for him to go away. Friendly asks him why he is refusing to speak and asks him if he has something to hide. Bear again says he is not going to speak to the officer. At that point the officer asks if he can search Mr. Bear. Friendly had barely finished his question when Bear suddenly bolts down the street running as fast as he can. However, Friendly catches him and as they struggle on the ground six bags of crystal meth fall from Bear's pocket. He is arrested for possession with intent to distribute methamphetamine.

You are the judge at the motion to suppress. Bear's attorney asks you to suppress the evidence. The prosecution makes two arguments. First he argues that when Bear refused to cooperate and speak with the officer, that gave the officer reasonable suspicion to detain him given the fact that they were in a high drug area. Secondly he argues that when Bear ran from the officer that gave the officer the right to detain him and investigate further.

Address both of these arguments. How would you rule? Explain your answer thoroughly.