State v. Glauser
2012 Ohio 3230
Ohio Ct. App.2012Background
- Police received Rite Aid Sudafed purchase report, noting quantity and prior Sudafed purchase at another store; quantity risk under R.C. 2925.55(B).
- Patrolman Woods ran the license plate, locating Erica Chumney at Circle K and interviewing her about Rite Aid purchases and a stolen necklace.
- Erica identified Amber Orr as in the car and mentioned Amber’s involvement with a necklace; Woods asked appellee for ID as he prepared to inform him of the situation.
- Appellee was in the car with the door open; he refused to identify and, while the officer spoke, fled the scene by exiting the driver’s side, knocking Erica down.
- A pursuit ensued; appellee attempted to enter moving vehicles and then fled into bushes behind the Circle K; he was apprehended and later found with methamphetamine at the station.
- The Tuscarawas County Common Pleas Court granted a suppression motion; the State appealed, arguing the stop was based on reasonable suspicion; the appellate court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to stop appellee? | State: flight and surrounding facts show reasonable suspicion. | Glauser: no seizure; encounter was consensual and suspicion lacked | Yes, stop justified; suppression reversed |
Key Cases Cited
- Illinois v. Wardlow, 528 U.S. 119 (2000) (flight may support a Terry stop depending on circumstances)
- Florida v. Royer, 460 U.S. 491 (1983) (approach without suspicion may be unlawful; flight can justify further inquiry)
- Florida v. Bostick, 501 U.S. 429 (1991) (consent and seizure standards in police-citizen encounters)
- State v. Taylor, 106 Ohio App.3d 741 (1995) (three encounter framework; consensual vs. investigatory detention)
- State v. Freeman, 64 Ohio St.2d 291 (1980) (totality of circumstances in evaluating stop)