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The officer testified that she never observed the appellant commit any traffic violations, that he was not trespassing, and that he made no evasive or furtive gestures. His mere presence, coming from behind a closed restaurant, in an area near where there had been two windows broken five weeks earlier, even in the earlier hours of the morning, does not provide a reasonable basis for the detention.
October 10, 2005 at 12:00 AM
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