OH2: Existence of an arrest warrant justifies an otherwise invalid stop

“[T]he existence of an outstanding arrest warrant is ‘independent authority’ for an ‘otherwise unjustified stop of an individual * * * and the resulting intrusion upon the individual’s liberty.’” State v. Samuels, 2011 Ohio 2567, 2011 Ohio App. LEXIS 2161 (2d Dist. May 27, 2011).*

The trial court credited the officer’s testimony defendant was speeding, and that supported the stop. State v. Fisher, 2011 Ohio 2488, 2011 Ohio App. LEXIS 2120 (10th Dist. May 24, 2011).*

Defendant’s Fourth Amendment claim was decided in his direct appeal, so he could not raise it in a post-conviction petition. State v. Roberts, 2011 Ohio 2534, 2011 Ohio App. LEXIS 2192 (8th Dist. May 26, 2011).*

Defendant overturned his tractor in a ditch and was hospitalized. At the hospital, he consented to a blood draw. It could have been taken without a warrant, too, because of exigency. State v. Capehart, 2011 Ohio 2602, 2011 Ohio App. LEXIS 2228 (12th Dist. May 31, 2011).*

Officers found defendant’s conduct suspicious, so they stopped him with guns drawn for an “interview stop.” He fled. His flight alone was not reasonable suspicion, and there wasn’t reasonable suspicion otherwise, so the motion to suppress should have been granted. State v. Shoulders, 2011 Ohio 2659, 196 Ohio App. 3d 178, 962 N.E.2d 847 (8th Dist. 2011).*