2013 Ohio 5712
Ohio Ct. App.2013Background
- Juvenile appellant (B.A.R.) was charged with carrying a concealed weapon (R.C. 2923.12(A)(2)) and resisting arrest after officers recovered a firearm during a pat-down at a Columbus Library branch.
- Officer Graham was approached in the library vestibule by a patron who said a group of males had been in the restroom and one had a gun; the patron appeared concerned and Graham said he would recognize him again.
- Graham observed three juveniles matching the description exit the library; they turned and crossed the street quickly when they saw officers.
- Graham radioed for assistance; Officer Kasza responded, observed the group, detained them, and during a frisk found a gun and magazine on appellant; appellant struggled during handcuffing.
- Appellant moved to suppress, arguing the stop was based on an anonymous tip and therefore unconstitutional under Florida v. J.L.; the magistrate and trial court denied suppression, concluding the informant was an identified citizen informant and the stop was supported by reasonable suspicion.
- The juvenile appealed; the appellate court reviewed factual findings for credibility and independently reviewed the legal question of reasonable suspicion, and affirmed the denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the investigative stop and frisk violated the Fourth Amendment | Tip came from an identified citizen who personally observed firearm; officer assessed demeanor; matching subjects and evasive flight corroborated; reasonable suspicion existed | Tip was effectively anonymous and like J.L.; officers lacked corroboration so no reasonable suspicion | The informant was an identified in-person citizen informant; officer could assess credibility and the totality of circumstances (including evasive behavior) provided reasonable suspicion; suppression denied |
Key Cases Cited
- Maumee v. Weisner, 87 Ohio St.3d 295 (Ohio 1999) (dispatch/flyer reliance analyzed by whether issuing officer had reasonable suspicion; distinguishes types of informants)
- Florida v. J.L., 529 U.S. 266 (U.S. 2000) (anonymous tip with no corroboration insufficient for stop and frisk)
- Henness v. Bagley, 644 F.3d 308 (6th Cir. 2011) (in-person unidentified informant who reports recent, firsthand threat can provide sufficient indicia of reliability)
- State v. Ramey, 129 Ohio App.3d 409 (1st Dist. 1998) (information from ordinary citizens who personally observed apparent criminal conduct carries indicia of reliability)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (investigative stop requires reasonable suspicion based on specific, articulable facts)
- United States v. Cortez, 449 U.S. 411 (U.S. 1981) (reasonable suspicion assessed under the totality of the circumstances)