OH8: Defendant shoving something into boot before frisk justified frisk of boot

Defendant’s patdown was justified, and something was shoved into defendant’s boot which justified the officer feeling it, too, and it was drugs by plain feel. State v. Hall, 2012 Ohio 4155, 2012 Ohio App. LEXIS 3658 (8th Cir. September 13, 2012).*

Defendant matched the description of a person flashing a gun. When officers saw defendant, they didn’t see a gun. When finally stopped, defendant had no gun, but they retraced his steps finding the gun. Defendant’s unprovoked flight was a factor. Commonwealth v. Walls, 2012 PA Super 197, 53 A.3d 889 (2012).* [Opinion mentions but doesn’t rely on the fact the gun was discarded in flight and not during a stop.]

Defendant’s patdown was justified by his matching the description of one of two men trying to break into apartments in the 911 caller victim’s building. Commonwealth v. Guess, 2012 PA Super 196, 53 A.3d 895 (2012).*