OH8: Blue lighting a parked car was a “stop” here under the Fourth Amendment; no reasonable person would feel free to leave

Activation of blue lights when pulling up to a parked car was a stop under the Fourth Amendment, distinguishing other Ohio cases. State v. Lynch, 2011 Ohio 5502, 196 Ohio App. 3d 420, 963 N.E.2d 890 (8th Dist. 2011):

[*P28] We agree with the concurring opinion in Johnston and the reasoning set forth by the Second District in Little and Osborne. While there may be limited circumstances where the activation of police lights may not rise to the level of a stop (such as in Johnston, where the defendant pulled up behind the officer), we find that in most situations, as here, that is not the case. When a police officer pulls behind or beside a parked vehicle and activates his or her flashing lights, it is clearly a seizure within the meaning of the Fourth Amendment. The person inside the vehicle understands that he or she is not free to simply pull away. Detective Rasberry even admitted that if Lynch had pulled away, they would have arrested him for failure to comply with a police directive.

[*P29] Based upon the totality of the circumstances in this case, the detectives were not engaging in a consensual encounter when they activated their police lights, immediately exited their vehicles, and identified themselves as “police.” No reasonable person in Lynch’s position would have felt free to leave. …

Defendant’s speeding was cause enough for a stop, and the driver was found to be under the influence. State v. Garber, 2011 Ohio 5459, 2011 Ohio App. LEXIS 4470 (5th Dist. October 21, 2011).*