OH5: “Request” to “come here” was not a seizure

Based on prior cases, the court finds this encounter was a consensual encounter. “We find that the Trooper’s request that appellant ‘come here’ did not turn the encounter into a seizure.” State v. Nichols, 2020-Ohio-6960, 2020 Ohio App. LEXIS 4782 (5th Dist. Dec. 29, 2020).

Defendant was not seized when a police car with overhead lights on pulled up next to him after a ShotSpotter alert in the area. He was parked 3-6’ from the curb another car had to swerve to avoid. “We thus find that defendant was seized within the meaning of the fourth amendment when police turned on the vehicle’s rotating lights, blocked defendant’s vehicle from moving forward, and then approached his vehicle on either side with flashlights, and when Officer Ali specifically requested that defendant show his hands.” People v. Edwards, 2020 IL App (1st) 182245, 2020 Ill. App. LEXIS 900 (Dec. 29, 2020).

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