In re Emmanuel R. CA4/3
The primary issue in this case is whether the police had reasonable suspicion to stop and pat down appellant after receiving an anonymous tip regarding graffiti activity in the area where the stop occurred. Based on the tip, and all of the other circumstances surrounding the encounter, we conclude there was reasonable suspicion to believe appellant was involved in criminal activity and carrying a weapon. Therefore, the fruit of the patdown search – a black graffiti marker – was lawfully obtained, and the trial court properly denied appellant’s motion to suppress that evidence. Appellant also contends some of his probation conditions are unconstitutional, and the court lacked authority to set the maximum term of his confinement. As the Attorney General concedes, the latter claim has merit. We will therefore modify the judgment to strike the maximum confinement term. In all other respects, we affirm.
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