OH9: Ordering a person out of a car at gunpoint after a stop is a seizure

Ordering a person out of a car at gunpoint after a stop is a seizure even if based on an alleged furtive movement. The stop was based on a robbery report, and this vehicle was more than a half mile away. The only fact of similarity was the gender of the driver. Thus, the stop was without reasonable suspicion. State v. Cunningham, 2015-Ohio-4306, 2015 Ohio App. LEXIS 4208 (9th Dist. Oct. 19, 2015).

There was no reasonable suspicion for defendant’s detention. Officers had a search warrant for a house, and they gathered before the search on a commercial parking lot across the street. They encountered the defendant who was moving a child from one car to another, and they talked to him and thought he was acting evasively. The parking lot was also known as a place were drugs were exchanged when the business was closed. United States v. Slocumb, 2015 U.S. App. LEXIS 18343 (4th Cir. Oct. 22, 2015).*

Defendant was arrested after flight from the police in 2013 and his cell phone photos were cursorily viewed showing money and drugs. The search violated 2014’s Riley, but the Davis good faith exception doesn’t exclude the evidence because Fifth Circuit precedent at the time said the search was good. United States v. Holley, 2015 U.S. Dist. LEXIS 142705 (W.D.Tex. Oct. 20, 2015).*