OH6: Challenge to credibility of one witness at suppression hearing wasn’t the PC challenge made on appeal

A challenge in the trial court that one of the officers wasn’t credible isn’t the same argument as there being a failure of probable cause. Therefore, the probable cause issue hasn’t been preserved. State v. Gibbs, 2018-Ohio-1549, 2018 Ohio App. LEXIS 1696 (6th Dist. Apr. 20, 2018).

“Considering the above facts, Sergeant Palmer’s initial detention of Cooper was based on reasonable suspicion. Sergeant Palmer observed Cooper driving away from the area where he had, less than a minute before, heard shots being fired. There was no one else in the immediate vicinity and Cooper engaged in the type of evasive behavior that is well recognized as supporting reasonable suspicion.” United States v. Cooper, 2018 U.S. Dist. LEXIS 67840 (E.D. Ky. Apr. 23, 2018).*

This entry was posted in Reasonable suspicion, Standards of review. Bookmark the permalink.

Comments are closed.