{"id":3621,"date":"2009-12-12T08:36:30","date_gmt":"2009-12-12T08:36:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-12-12T08:36:30","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3621","title":{"rendered":"OH8: Stop was without RS, and defendant’s flight did not add to it"},"content":{"rendered":"

Defendant\u2019s stop was without reasonable suspicion of criminal activity, and his subsequent flight didn\u2019t rise to the level of reasonable suspicion. State v. Coleman<\/a>, 2009 Ohio 6471, 2009 Ohio App. LEXIS 5411 (8th Dist. December 10, 2009):<\/p>\n

[*P24] In this case, there is no question that once Coleman took off running, the police had reasonable suspicion of criminal activity. The question here is whether the police had reasonable suspicion to pull Coleman out of his vehicle — based upon very few articulable facts. We find that based on Detective Lewandowski’s testimony, he did not have reasonable suspicion to justify a Terry stop of Coleman. We further find that this is not the “close case” presented in Pettegrew.<\/p>\n

[*P25] Detective Lewandowski testified that he and his partner received reports from an undercover officer that there was a woman flagging down cars in the vicinity of East 71st Street and Wade Park Avenue, an area of high-drug activity. They arrived, did not see the woman, but did see Coleman in his vehicle with two men either standing by or leaning in Coleman’s car (he first said several people “standing by” and later said two men “leaning in”). As Detective Lewandowski approached, two of the men dispersed. Coleman was immediately pulled out of his car at that point by another officer.<\/p>\n

[*P26] Reviewing the totality of the circumstances in this case, we find that the state did not present specific or articulated facts sufficient to justify a Terry stop of Coleman. Everything the police did following this illegal stop was also improper.<\/p><\/blockquote>\n

The defendant could be ordered from the car during a traffic stop, and the officer saw a hypodermic needle cap at the defendant\u2019s feet after he got out. They were in a high crime area, and that was reasonable suspicion. State v. McClendon<\/a>, 2009 Ohio 6421, 2009 Ohio App. LEXIS 5378 (10th Dist. December 8, 2009).*<\/p>\n

The motion to suppress should not have been granted. It was signed by a judicial officer and not an executive official as required by law. Also, the trial court\u2019s looking at the prosecutor\u2019s legal advice and not the police conduct was erroneous under the good faith exception. [If it was valid, why apply GFE?] State v. Commins<\/a>, 2009 Ohio 6415, 2009 Ohio App. LEXIS 5368 (12th Dist. December 7, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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