OH8: Walking briskly away from the police in a high crime area isn’t reasonable suspicion

This anonymous tip providing nothing compared to the car stopped, which didn’t match the description. “Absent criminal, or at least suspicious, behavior on the part of the suspect, the mere presence of the suspect in a high crime area or an area being given ‘special attention’ pursuant to a tip does nothing to create reasonable suspicion in a particular case. State v. Porter, 8th Dist. Cuyahoga No. 86577, 2006-Ohio-4585.” Walking briskly away from the police in a high crime area isn’t reasonable suspicion. State v. Williams, 2014-Ohio-1728, 2014 Ohio App. LEXIS 1683 (8th Dist. April 24, 2014):

[*P14] The state claims that Williams was acting suspiciously because he nervously shifted his eyes and began to quickly walk away from the officers. The state argues that by walking away, Williams engaged in unprovoked flight. In support of its argument, [**9] the state cites Illinois v. Wardlow, 528 U.S. 119, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000), in which the United States Supreme Court held that “nervous, evasive behavior is a pertinent factor in determining reasonable suspicion.” Thus, a suspect’s unprovoked flight upon seeing the police can justify a seizure when it occurs in a high crime area. State v. McGowan, 8th Dist. Cuyahoga No. 96232, 2011-Ohio-5663.

[*P15] However, briskly walking away from approaching police does not justify an investigative stop absent the observation of any other suspicious behavior, even in a high drug area. State v. Fanning, 70 Ohio App.3d 648, 591 N.E.2d 869, 8 Anderson’s Ohio App. Cas. 396 (8th Dist.1990). Furthermore, walking quickly does not turn innocuous behavior into suspicious conduct that allows for an investigative stop. Fanning. When the officers turned on the overhead lights of the cruiser and decided to conduct an investigative search, Williams’ behavior was innocuous because he was not doing anything illegal or improper. Williams was standing next to a white Dodge, not a white Chrysler, and in a different location from where the police received a tip about possible drug activity. Lastly, Williams began to walk away from the officers after they decided to conduct an unlawful investigative search.