They understandably feared that their lives might have been in danger.
There was nothing unreasonable about the detectives briefly seizing the defendant either to confirm or to dispel their suspicion that he may have had a weapon.
The trial court correctly denied the motion to suppress, and the Court of Appeals correctly affirmed that decision.
The judgment of the Court of Appeals upholding the convictions predicated upon the trial courts refusal to suppress of the evidence seized is affirmed. Morgan 08/30/2019 In a case where a nursing assistant molested and raped an 85-year-old resident at a nursing home, the trial court erred in holding, prior to trial (and also by instructing the jury at trial), that the nursing assistant had committed the molestation and rape while acting within the scope of his employment.
The reasonable possibility of a rezoning should be taken into consideration in compensating landowners, if there is sufficient evidence of a reasonable probability of rezoning.
The burden of proving a reasonable probability of rezoning rests on the property owner and unless the evidence relating to the likelihood of rezoning in the near future rises to the level of a probability, it is inadmissible.
Applying the test of reasonable suspicion derived from Terry v.