Defendant approached a closed gate of Wright Patterson Air Force Base and started to make a U-turn when he was stopped by air base security officers. After the stop, they learned he was driving on a suspended license (for which he was cited and released). Nevertheless, the motion to suppress is granted. United States v. Adams, 2012 U.S. Dist. LEXIS 4048 (S.D. Ohio January 12, 2012)*:<\/p>\n
Although this Court fully understands Sedon’s sincere testimony regarding his duty as a law enforcement officer to keep WPAFB safe, there was no testimony elicited at the suppression hearing to indicate Sedon believed the vehicle being driven by Adams was being operated in an unsafe manner. Sedon never testified that he witnessed the vehicle swerve or otherwise move erratically, impede traffic in any way, or that he believed the driver may be having a medical emergency, falling asleep, or under the influence of alcohol or drugs. In fact, Sedon very clearly testified that he did not witness any traffic violations committed by Adams before initiating the traffic stop.<\/p>\n
In addition, while it is understandable that a heightened level of security may exist around a military base, the vehicle’s movements, as well as the actions of its occupants, did not provide a reasonable basis for Sedon to believe Adams or his passenger were, or were about to be, engaged in any sort of criminal activity. For example, Sedon did not testify the vehicle attempted to evade him, was previously witnessed in the area, or had otherwise appeared to be taking photographs of the base or involved in some type of surveillance. Sedon also did not testify that any intelligence or other reason existed to believe the type of vehicle, or the occupants therein, posed a specific security threat or concern to WPAFB. In addition, when the vehicle pulled up to Gate 1A, which closed at 6 p.m., none of the occupants emerged from the vehicle, nor did the vehicle stay there for any longer than would have been necessary to switch gears and complete a u-turn. Likewise, because the gate was closed and no guards were present, it is clear that Adams did not make the u-turn in front of the gate as a way to avoid the need to identify himself to, or otherwise have contact with, law enforcement personnel.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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