Panel explores remedy if stop found unlawful; bench signals remand likely

A judge asked whether, if the court agreed the initial encounter was a Terry stop, the appellate remedy would be to suppress evidence "and then send it back" to the trial court to determine what remained admissible. Both sides acknowledged that many factual details bearing on attenuation and admissibility were not fully developed in the trial-court hearing.

The State repeatedly urged remand so the trial court could address attenuation and mixed-motive issues in the record; defense counsel said she expected the State to argue some items could still be admissible but continued to press that the lack of attenuation warranted suppression.