State v. Junjie Li State v. Zhong Kuang

Syllabus

In these cases consolidated for argument, the state appealed from two identical orders of the Superior Court granting the defendants', Junjie Li and Zhong Kuang, motions to suppress evidence of approximately ninety-four (94) pounds of marijuana seized from Kuang's vehicle during a traffic stop. On appeal, the state asserted that the trial justice erred in granting the defendants' motions to suppress, contending that the police officer who conducted the traffic stop had reasonable suspicion to prolong the stop after detecting a slight odor of marijuana and observing nervous behavior on the part of the defendants.<br><br>The Supreme Court concluded that the Superior Court erred in determining that reasonable suspicion did not exist allowing the officer to prolong the stop. The Supreme Court also concluded that the odor of raw or fresh marijuana, without any indication of quantity, remains a factor to be considered in a totality of the circumstances, reasonable suspicion of criminal activity analysis, despite marijuana's decriminalization and legalization. Finally, the Supreme Court concluded that the Superior Court erred in ruling that the police officer who conducted the stop did not possess reasonable suspicion to prolong the stop based on the totality of the circumstances and, consequently, erred in granting the defendants' motions to suppress. Accordingly, the Supreme Court vacated the orders of the Superior Court, and remanded the matters for further proceedings.