OH5: Order to remove shoes during traffic stop was not consent

The order to defendant during a traffic stop to remove his shoes showed it was not by consent. The trial court’s suppression order is affirmed. State v. Carothers, 2015-Ohio-4569, 2015 Ohio App. LEXIS 4455 (5th Dist. Nov. 3, 2015).

Police stopped defendant after two biker gangs fought at the Lancaster Speedway in New York where two were killed. Defendant said he was coming from the speedway, and the officer saw spray mace, possession of which was prohibited under state law. That was probable cause for a search for weapons. United States v. Yager, 2015 U.S. Dist. LEXIS 148273 (E.D.Wis. Nov. 2, 2015).*

Defendants’ stop on the street was purely on a hunch without reasonable suspicion, and the motion to suppress the gun found is granted. Officers stopped near defendant walking down the street in Brooklyn. “7. One officer said, ‘What’s up fellas?’ To which Williams replied, ‘Ain’t nothing.’ 8. The officers then asked if Williams or Slaughter ‘had anything.’ Both Williams and Slaughter said ‘no.’ 9. The officers then searched Williams and Slaughter and discovered the handgun in Williams’s pants loaded with 12 rounds of ammunition. Both Williams and Slaughter were placed under arrest.” United States v. Williams, 2015 U.S. Dist. LEXIS 150486 (E.D.N.Y. Nov. 5, 2015).*