State v. Goodloe
2013 Ohio 4934
Ohio Ct. App.2013Background
- On June 30, 2012, Columbus officers in a marked cruiser observed Goodloe hesitate at an intersection and noticed bulges on both sides of his pants.
- Officers drove past, turned around, stopped the cruiser close to Goodloe on a sidewalk, exited, and approached him; one officer stood directly in front blocking the sidewalk while the other stood within a foot or two at his side.
- Officers asked if anyone was looking into cars and then asked if Goodloe had any firearms; Goodloe sighed and dropped his head, and Officer Weekly immediately reached for a bulge and removed a gun.
- Goodloe was indicted for carrying a concealed weapon; he moved to suppress the gun as the product of an unlawful seizure.
- The trial court granted the suppression, finding the officers’ positioning and conduct converted the encounter into a seizure without reasonable suspicion.
- The State appealed only arguing the encounter was consensual; it did not argue the officers had reasonable suspicion for a Terry stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers’ approach was a consensual encounter or a seizure requiring reasonable suspicion | The encounter was consensual; officers merely approached and questioned Goodloe | Officers’ positioning (blocking path, close proximity), turning cruiser around and accusatory questions created a show of authority amounting to a seizure | The approach constituted a seizure under the Fourth Amendment; no reasonable suspicion existed, so the stop was unlawful |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes investigatory stop standard requiring reasonable suspicion)
- Brendlin v. California, 551 U.S. 249 (explains when police-citizen encounters constitute seizures)
- Florida v. Bostick, 501 U.S. 429 (consensual encounters do not require objective justification)
- Katz v. United States, 389 U.S. 347 (warrantless searches and seizures presumptively unreasonable)
- United States v. Mendenhall, 446 U.S. 544 (defines consensual encounter and factors indicating seizure)
- Brown v. Illinois, 422 U.S. 590 (distinguishes arrest standards and probable cause requirement)