State v. Lindsey, 2012 Ohio 3105

Dep. Fazzari on routine patrol in Washington Township at ~3:00 a.m. on May 27, 2011, aware of a string of recent vehicle break-ins in the area.
Lindsey was driving slowly (10–15 mph) in a 25 mph zone, not wearing a seat belt, and did not appear to commit any traffic or equipment violations.
Fazzari followed Lindsey after he passed, as Lindsey looped through the neighborhood and then returned to the initial area.
Upon activating lights and siren to stop Lindsey, the deputy observed the passenger make furtive movements and noted Lindsey’s extended time to stop.
After stopping, the deputy smelled alcohol, observed Lindsey’s poor eye contact, administered sobriety tests that indicated intoxication, and learned both men had multiple license suspensions; Lindsey was later charged with two OVI counts and receiving stolen property.
Lindsey moved to suppress the stop and associated evidence; the trial court initially denied, then granted suppression following reconsideration, prompting the State to appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop was supported by reasonable, articulable suspicion.	State argues Studley controls; there was reasonable suspicion.	Lindsey contends no reasonable suspicion; stop was unlawful.	No, stop lacked reasonable suspicion; suppression affirmed.

State v. Studley, 2011-Ohio-5563 (2d Dist. Greene No. 2010 CA 81 (2011)) (stop in early morning residential area lacking specific nexus to crime; rule on reasonable suspicion)
Terry v. Ohio, 392 U.S. 1 (1968) (establishes reasonable suspicion standard for stops)
Whren v. United States, 517 U.S. 806 (1996) (vehicle stop must be reasonable; pretext not allowed)
State v. Stewart, 2004-Ohio-1319 (2d Dist. Montgomery No. 19961) (recognizes stop for crime treatment under Terry without independent probable cause)
Rocky River v. State Emp. Relations Bd., 43 Ohio St.3d 1 (1989) (stare decisis rationale for following precedent)