OH5: 911 call of man carrying long gun on street wasn’t RS

Police received a 911 call that a man was carrying an “AK”-like long gun, hiding from passersby, and was apparently going to rob a store. Defendant was encountered openly carrying a gun, legal conduct, but he wasn’t hiding because the police easily found him. On the totality, there wasn’t reasonable suspicion for the stop and frisk, and the appellate court disagrees with the trial court’s findings. State v. Gates, 2020-Ohio-4027, 2020 Ohio App. LEXIS 2932 (5th Dist. Aug. 5, 2020).*

Defendant’s Fourth Amendment claim on habeas is not only precluded by Stone, it completely fails on the merits and “This claim does not deserve encouragement to proceed further.” CoA denied. Dew v. Eppinger, 2020 U.S. App. LEXIS 25468 (6th Cir. Aug. 11, 2020).*

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