KS: CI’s tip insufficient; motion to suppress should have been granted

The alleged reasonable suspicion for extending defendant’s traffic stop was the CI’s information which is found insufficient. The state’s alternative basis of defendant’s alleged “jumpiness” was never presented to the trial court. There are no findings on that, it is waived, and the motion to suppress should have been granted. “Lewis has correctly pointed out that the evidence presented at the suppression hearing did not support the trial court’s ruling that reasonable suspicion existed based on the confidential informant’s tip.” State v. Lewis, 2017 Kan. App. LEXIS 47 (June 16, 2017).*

The stop was with reasonable suspicion for two lane changes without signaling. Defendant seemed under the influence. Defense counsel wasn’t ineffective for not moving to suppress because it would have been denied. City of Cleveland v. Maxwell, 2017-Ohio-4442, 2017 Ohio App. LEXIS 2496 (8th Dist. June 22, 2017).*