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OH10: Flight after agreeing to talk to officers is RS

By John Wesley Hall, Jr.

Defendant agreed to talk to the officers and then fled. That gave reasonable suspicion. State v. Banks, 2010 Ohio 5714, 2010 Ohio App. LEXIS 4809 (10th Dist. November 23, 2010)*: [*P44] “Although ‘[a] suspect is “free to leave” a non-seizure interview, *** when he does so by abruptly bolting after having consented to talk, the officers are free to draw the natural conclusions.’” Moyer at P22, quoting State v. Holloway (Sept. 28, 2000), 10th Dist. No. 99AP-1455, 2000 Ohio App. LEXIS 4430. “Headlong flight--wherever it occurs--is the consummate act of evasion: it is not necessarily indicative of wrongdoing, but it is certainly suggestive of such.” Illinois v. Wardlow (2000), 528 U.S. 119, 124, 120 S...continue to full post

Full post as published by Fourth Amendment on November 26, 2010 (boomark / email).