{"id":39068,"date":"2019-08-11T14:09:33","date_gmt":"2019-08-11T19:09:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39068"},"modified":"2019-08-11T15:19:29","modified_gmt":"2019-08-11T20:19:29","slug":"oh2-no-rs-for-stop-of-driver-parked-in-car-in-wendys-parking-lot-at-1pm-that-others-came-up-to","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39068","title":{"rendered":"OH2: No RS for stop of driver parked in car in Wendy&#8217;s parking lot at 1pm that others came up to"},"content":{"rendered":"<p>There was no reasonable suspicion of drug activity with defendant\u2019s car in a Wendy\u2019s parking lot at 1 pm. An anonymous caller concerned about \u201cdrug activity\u201d called the police and reported that people walked up to the car, talked to defendant, and then walked away. When police got there, they noticed nothing awry and the car was legally parked. Navarette doesn\u2019t help the state: \u201cWe have commented that \u2018Navarette adds nothing to standards Ohio has long applied.\u2019\u201d <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2019\/2019-Ohio-3197.pdf\">State v. Collier<\/a>, 2019-Ohio-3197, 2019 Ohio App. LEXIS 3277 (2d Dist. Aug. 9, 2019).<\/p>\n<p>The officers\u2019 encounter with defendant was in a high crime area known for armed drug traffickers were he asked two men just to lift their shirts; one did and the other didn\u2019t. The one who didn\u2019t, defendant, was known to the police to have been arrested for trespassing there before (although he didn\u2019t know the trespassing charge had been dismissed). He told him too, and the outline of a gun was seen. The court credits the officer and sustains the search. United States v. Peters, 2019 U.S. Dist. LEXIS 134353 (E.D. Va. Aug. 9, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There was no reasonable suspicion of drug activity with defendant\u2019s car in a Wendy\u2019s parking lot at 1 pm. An anonymous caller concerned about \u201cdrug activity\u201d called the police and reported that people walked up to the car, talked to &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39068\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[],"class_list":["post-39068","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39068","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=39068"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39068\/revisions"}],"predecessor-version":[{"id":39076,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39068\/revisions\/39076"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39068"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39068"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39068"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}