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OH8: "[P]olice may not stop an individual for the sole purpose of compelling him to identify himself"

By John Wesley Hall, Jr.

"[P]olice may not stop an individual for the sole purpose of compelling him to identify himself." State v. Holly, 2009 Ohio 3081, 2009 Ohio App. LEXIS 2604 (8th Dist. June 25, 2009): [*P15] Applying these principles, we find that the investigatory stop of Holly was unlawful. Despite the State's argument that Holly was stopped because the police had a reasonable suspicion that he was engaged in drug activity, Detective Mitchell's testimony was clear: the only reason Holly was stopped was to determine his identity. In America, however, the police may not stop an individual for the sole purpose of compelling him to identify himself. Defendant 17 year old voluntarily accompanied three detectives to the police station for questioning. The court rejects that this 17 year old would have thought that she had to go with them...continue to full post

Full post as published by Fourth Amendment on June 30, 2009 (boomark / email).