S.D.W.Va.: Def’s merely talking to an alleged shooter wasn’t RS

Defendant’s merely talking to an alleged shooter before his interaction with the police was not reasonable suspicion he was armed and dangerous. “The totality of the circumstances here does not support a reasonable suspicion that Defendant was armed and dangerous before he was frisked. Defendant complied with the HPD unit’s directive to pull over and exited his vehicle when asked. The HPD unit’s dashboard camera footage shows that Defendant was compliant and calmly mannered throughout the duration of this encounter. The fact that he met briefly with the shooter before the initiation of the stop does is not enough to support a reasonable suspicion that Defendant was armed and dangerous.” United States v. Sellers, 2021 U.S. Dist. LEXIS 203261 (S.D.W.Va. Oct. 21, 2021).*

Defendant’s traffic stop led to reasonable suspicion he was driving under the influence of marijuana. The FST gave probable cause for arrest. State v. Hess, 2021-Ohio-3755, 2021 Ohio App. LEXIS 3651 (2d Dist. Oct. 22, 2021).*

Defendant’s Alford plea was a waiver of his post-conviction claims on the informant’s identity, assuming he could even get access to it. State v. Edwards, 2021-Ohio-3767, 2021 Ohio App. LEXIS 3654 (6th Dist. Oct. 22, 2021).*