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OH: Standing on a street corner in Cleveland not RS

By John Wesley Hall, Jr.

Stopping defendant because he was standing on a street corner talking to another man, and they saw the police and turned and walked into a store was without reasonable suspicion. There were no furtive movements, and this was only a hunch of criminal activity. State v. Gaston, 2010 Ohio 248, 2010 Ohio App. LEXIS 185 (8th Dist. January 28, 2010).* Defendants tinted windows justified his stop, and a furtive movement of reaching down in the car justified his patdown after the stop. State v. Elliott, 2010 Ohio 241, 2010 Ohio App. LEXIS 179 (8th Dist. January 28, 2010).* Police responded to a domestic disturbance call and were let in. Defendant refused to remove his hands from his pockets, and that justified a patdown. State v. Olden, 2010 Ohio 215, 2010 Ohio App...continue to full post

Full post as published by Fourth Amendment on January 30, 2010 (boomark / email).