OH10: Flight from a Terry stop was PC for search incident

“Because appellant committed an arrestable offense when he fled from the lawful Terry stop, the search of appellant’s person following his apprehension was constitutionally reasonable as a search incident to arrest.” State v. Johnson, 2017-Ohio-5527, 2017 Ohio App. LEXIS 2583 (10th Dist. June 27, 2017).*

“[H]aving reviewed the totality of the circumstances, we conclude Officer Wise did not possess a reasonable suspicion that defendant was engaged in or was about to be engaged in criminal activity. Accordingly, we conclude the detention violated defendant’s Fourth Amendment rights.” Also, the plain view lacked the “immediately apparent” factor. State v. Wintermeyer, 2017-Ohio-5521, 2017 Ohio App. LEXIS 2580 (10th Dist. June 27, 2017).*