Hoover v. State

Gregory Hoover appeals his conviction for possession of cocaine. Because we conclude that the cocaine was found after an illegal, continued detention of Hoover, we reverse. At the suppression hearing, police officer Marcus Bullock testified that he had been randomly checking license tags for suspended licenses or warrants. A records check revealed that the owner of the vehicle Hoover was driving had a suspended driver's license. Upon stopping Hoover, Bullock asked Hoover if he was the registered owner, and Hoover indicated that he was not. Bullock explained to Hoover that the registered owner of the vehicle had a suspended license, and Hoover replied that he knew he looked ""suspicious."" Bullock testified that Hoover looked nervous: his hands were fidgeting, he was sweating, and his speech was stumbling. Bullock checked Hoover's name and birth date, and verified that Hoover had a valid driver's license. Bullock explained that he asked Hoover to exit the vehicle because Bullock was concerned for his safety due to Hoover's behavior and felt that Hoover would attempt to flee in the vehicle. Upon Hoover's exiting the vehicle, a small piece of white, chalky substance sitting on Hoover's leg fell to the ground. The substance field-tested positive for cocaine.