I have a defendant who was engaging in "suspicious activity" and pulled over. The officers found marijuana after a consent search. The defendant also had an active, confirmed felony warrant out of Colorado that was marked "Arrest in State of Colorado Only Per DA's Office" in NCIC. The officers confirmed the warrant before the stop. A suppresion hearing is fast approaching. If the judge doesn't find the "suspicious activity" was PC for the stop, is the non-extradition warrant still grounds to pull the defendant over? Lexis searches have yeilded no guidance. Any help would be appreciated.

check your email.

Your post suggests that the officer ran the LP which led to the non-extradition warrant before making the stop. I can not quote any caselaw off the top of my head but I feel comfortable in suggesting that if this is the case the LP hit should help making the other suspicious circumstances enough to make the stop. However, by itself the non-extradition warrant is of no value to the stop or for any other purpose.