OH5: RS ended when the driver turned out not to be the wanted owner, and further detention was without RS

When reasonable suspicion evaporated with the fact that the driver of the vehicle was not the owner for whom there was a warrant out, the stop should have ended. State v. Brentlinger, 2019-Ohio-4989, 2019 Ohio App. LEXIS 5073 (5th Dist. Dec. 3, 2019):

[*P18] The Chatton Court found “because the police officer no longer maintained a reasonable suspicion that appellee’s vehicle was not properly licensed or registered, to further detain appellee and demand that he produce his driver’s license is akin to [a] random detention[.]” Id. The Court then concluded, “[a]lthough the police officer, as a matter of courtesy, could have explained to appellee the reason he was initially detained, the police officer could not unite the search to this detention, and appellee should have been free to continue on his way without having to produce his driver’s license.” Id.

[*P19] Like the officer in Chatton, we find Deputy Flahive no longer maintained a reasonable suspicion Appellant was the registered owner when he illuminated the vehicle as Appellant turned into a parking lot and observed Appellant was not female. Although the deputy could have explained to Appellant the reason he was initially detained, Deputy Flahive did not have an independent basis to extend Appellant’s detention by asking Appellant to produce his identification. We find Deputy Flahive exceeded the constitutionally permissible scope of the detention, and the trial court erred in failing to grant Appellant’s motion to suppress.