2014 Ohio 2846
Ohio Ct. App.2014Background
- M.P. was adjudicated delinquent for resisting arrest and carrying a concealed weapon based on a stop the court found lacked reasonable suspicion.
- The stop stemmed from Detective Longworth’s hunch about involvement in a prior May 26 shooting incident and from M.P.’s baggy shorts and apparent interest in a passing police car.
- Longworth began surveillance of M.P.’s residence after suspecting possible connection to the prior gun incident.
- On May 28, officers stopped M.P. after a brief encounter; M.P. did not comply with the stop, was restrained, and disclosed a gun when cuffed.
- M.P. moved to suppress the stop and its fruits; the trial court denied the motion, and adjudications followed.
- Appellate court reversed, vacated adjudications, and discharged M.P., holding no reasonable suspicion justified the stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable, articulable suspicion to stop M.P. | M.P. argues Longworth’s prior suspicion and observations failed to show ongoing criminal activity. | Zucker relied on Longworth’s observations and a fellow-officer’s information to stop based on suspicion of criminal activity. | No reasonable, articulable suspicion; stop unlawful. |
| Whether the stop was an arrest requiring probable cause or a permissible Terry stop. | Detention resembled an arrest without probable cause. | Stop was a brief investigatory detention based on reasonable suspicion. | Detention was unlawful; suppress evidence; adjudications vacated. |
Key Cases Cited
- U.S. v. Cortez, 449 U.S. 411 (U.S. Supreme Court 1981) (reasonable suspicion must be based on totality of circumstances)
- Terry v. Ohio, 392 U.S. 1 (U.S. Supreme Court 1968) (brief investigatory stop requires reasonable suspicion)
- U.S. v. Hensley, 469 U.S. 221 (U.S. Supreme Court 1985) (fellow-officer rule; reasonable suspicion can be shared)
- U.S. v. Mendenhall, 446 U.S. 544 (U.S. Supreme Court 1980) (concept of seizure; voluntary vs. detained)
- State v. Taylor, 106 Ohio App.3d 741 (Ohio App. 1995) (consensual interactions when no reasonable suspicion)