OH9: Acquittal on basis for stop doesn’t mean motion to suppress stop would have been granted

Defendant was acquitted of a weaving offense, but convicted of DUI for driving on the wrong side of the road. Defense counsel was not ineffective for not moving to suppress the stop because the acquittal of the weaving charge doesn’t mean anything on the DUI and the basis for the stop. State v. Arnold, 2012 Ohio 5809, 2012 Ohio App. LEXIS 5002 (9th Dist. December 10, 2012).

A traffic stop requires reasonable suspicion, not probable cause, and the trial court erred in so finding. State v. Liebling, 2012 Ohio 5818, 2012 Ohio App. LEXIS 5011 (9th Dist. December 10, 2012).

Defendants were pulled over on suspicion of being involved in a robbery and got out of the car with hands up. That was a seizure, but it was with reasonable suspicion. The description of the robbers was not all that generic, and they fit it under the totality of circumstances, including location and dress. The detention was also reasonable in scope. United States v. Brown, 2012 U.S. Dist. LEXIS 176658 (D. Mass. December 12, 2012).*