OH5: Reasonable but mistaken suspicion still justified stop

Defendant was stopped because of a reasonable mistake that he was a robbery suspect for whom there was an arrest warrant. When the stop occurred, defendant reached for his waistband, and the officer did, too, retrieving a gun. The stop was with reasonable, albeit mistaken, suspicion. State v. Pickens, 2012 Ohio 2901, 2012 Ohio App. LEXIS 2543 (5th Dist. June 22, 2012).

“The tip, the suspects’ location, Detective Almeida’s knowledge of Teixeira’s ineligibility to possess a firearm, and the suspects’ movements [“blading”] once Detective Almeida approached combined to provide a basis for Detective Almeida’s reasonable suspicion that Teixeira and Shaw were engaged in criminal activity.” United States v. Shaw, 874 F. Supp. 2d 13 (D. Mass. 2012).*

Defendant’s car was lawfully impounded; the officer did not need to leave it on an exit ramp where it was a hazard. Scott v. State, 316 Ga. App. 341, 729 S.E.2d 481 (2012).*