OH8: Admission of PCP use is RS

Relying on a tip of men selling drugs in Cleveland, the officers approached defendant and he admitted smoking PCP earlier. That was reasonable suspicion to pat him down for officer safety. State v. Hunter, 2012 Ohio 2302, 2012 Ohio App. LEXIS 2023 (8th Dist. May 24, 2012)*:

[*P19] In our view, the record establishes that the officers proceeded to investigate the area in good faith reliance upon the tip of men selling drugs. During their conversation with the men, defendant was sluggish, appeared dazed and confused, and repeatedly failed to answer the officers’ questions. Although the officers demanded that defendant take his hands from his pockets, the record demonstrates that as the officer took a few steps closer to defendant, he quickly detected the distinct odor of PCP from defendant. Defendant then told the officers that he had smoked PCP earlier, and this created a reasonable suspicion, based upon specific and articulable facts, that an individual is or has been engaged in criminal activity such to justify a search of defendant’s outer clothing under Terry. Accord State v. Wilson, 8th Dist. No. 94097, 2010 Ohio 5478 (patdown permissible where officers detected odor of PCP); State v. Dunn, 8th Dist. No. 85435, 2005 Ohio 3477.

Hunter is here. What’s this gratuitous use of “good faith” for an encounter? Sloppy appellate court writing–completely unnecessary, and a prosecutor will later use this case to argue the good faith exception applies to warrantless searches.