Background

• Henderson was stopped and frisked after police suspected a hand-to-hand drug transaction near a Shell station in a high-drug area.
• Henderson fled when approached and discarded two baggies during pursuit; he was later arrested.
• Officer Saunders conducted a Terry stop and a protective frisk due to concerns about weapons and possible drug activity.
• Saunders testified Henderson’s flight, nervous behavior, and carding into a car, plus the area’s drug activity, supported reasonable suspicion.
• The two baggies and Henderson’s post-arrest statements were obtained during a lawful stop and frisk, not as fruit of the poisonous tree.
• The trial court denied the suppression motion, Henderson pleaded no contest to the charges, and the court imposed community control.

Issues

Key Cases Cited

• State v. Wynn, 2011-Ohio-1832 (2d Dist. Montgomery No. 24253 (Ohio 2011)) (affirmed denial of suppression; abandonment not controlling here)
• State v. Mays, 2008-Ohio-4539 (119 Ohio St.3d 406 (Ohio 2008)) (reasonable suspicion requires totality of facts)
• Berke mer v. McCarty, 468 U.S. 420 ((1984)) (probable cause and reasonable suspicion standards for stops)
• Terry v. Ohio, 392 U.S. 1 ((1968)) (establishes framework for stop-and-frisk)
• State v. Andrews, 57 Ohio St.3d 86 ((1991)) (requires specific, articulable facts for stops)
• State v. Chadwell, 2009-Ohio-1630 (182 Ohio App.3d 256 (Ohio 2d Dist)) (flight as a relevant consideration in totality of circumstances)
• State v. Jordan, 2006-Ohio-1813 ((2d Dist. Clark No. 05CA04)) (unprovoked flight supports reasonable suspicion)
• State v. Agee, 2010-Ohio-5074 (8th Dist. Cuyahoga No. 94035) (nervous, evasive behavior as a pertinent factor)
• State v. Harris, 2008-Ohio-3871 (2d Dist. Montgomery No. 22267) (drug-area experience supports reasonable suspicion)
• State v. Evans, 67 Ohio St.3d 405 ((1993)) (frisk if suspect may be armed in drug crime)
• State v. Montague, 2013-Ohio-811 (2d Dist. Montgomery No. 25160) (frisk permissible when suspect may be armed)