OH11: Running away is withdrawal of consent to search, but reasonable suspicion for a patdown

Defendant was stopped and consented to a search of his person. When that started, he was moving like he was trying to hide something, then he ran away. Considering the location was a high crime area, there was at least reasonable suspicion leading to finding cocaine on this person. Then we have this curious paragraph: “Here, after initially granting consent to search his person, Mr. Shine physically engaged the officers and attempted to run away from them. This unequivocal act, under the circumstances, amounts to more than merely withdrawing his consent to the search. Coupled with his presence in a high crime area, Mr. Shine’s flight was also sufficient to justify a reasonable suspicion that he was involved in illegal activity. The cocaine found as a result of the valid investigatory stop provided probable cause for his arrest.” State v. Shine, 2017-Ohio-4240, 2017 Ohio App. LEXIS 2298 (11th Dist. June 12, 2017).*

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