CA3: Def was stopped, and without reasonable suspicion, as officers advanced on him; the fact he took two steps back was still submission

There was no reasonable suspicion for defendant’s stop. The fact he backed up a couple of steps as officers advanced on him was not flight. “In sum, we hold that Lowe submitted to the officers’ authority by staying put in front of 914 North Markoe Street. Neither his action, in taking a few steps backwards before stopping, nor his inaction, in keeping his hands immobile despite commands to move them, negated that submission.” United States v. Lowe, 2015 U.S. App. LEXIS 11440 (3d Cir. July 2, 2015).

The trial court’s credibility determination of consent to search will not be disturbed on appeal. State v. Smoot, 2015-Ohio-2717, 2015 Ohio App. LEXIS 2605 (2d Dist. June 30, 2015).*

The fact defendant wasn’t charged fast enough isn’t a ground for post-conviction relief. Lucas v. United States, 2015 U.S. Dist. LEXIS 85338 (W.D.Tenn. July 1, 2015).*

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