OH2: No RS for stop of driver parked in car in Wendy’s parking lot at 1pm that others came up to

There was no reasonable suspicion of drug activity with defendant’s car in a Wendy’s parking lot at 1 pm. An anonymous caller concerned about “drug activity” called the police and reported that people walked up to the car, talked to defendant, and then walked away. When police got there, they noticed nothing awry and the car was legally parked. Navarette doesn’t help the state: “We have commented that ‘Navarette adds nothing to standards Ohio has long applied.’” State v. Collier, 2019-Ohio-3197, 2019 Ohio App. LEXIS 3277 (2d Dist. Aug. 9, 2019).

The officers’ encounter with defendant was in a high crime area known for armed drug traffickers were he asked two men just to lift their shirts; one did and the other didn’t. The one who didn’t, defendant, was known to the police to have been arrested for trespassing there before (although he didn’t know the trespassing charge had been dismissed). He told him too, and the outline of a gun was seen. The court credits the officer and sustains the search. United States v. Peters, 2019 U.S. Dist. LEXIS 134353 (E.D. Va. Aug. 9, 2019).*

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