State v. Moorer, 23 N.E.3d 173

On March 31, 2013, CPD Officers Houseberg and Hand saw Sherman Moorer and another man walking in the middle of Graham Street in an area with sidewalks.\
Officer Houseberg pulled up, ordered them to stop for jaywalking, and observed Moorer hesitate and take a step before turning.\
Officer Houseberg asked Moorer whether he had any weapons; Moorer said he had a gun, officers handcuffed him and recovered a firearm.\
Moorer was indicted for carrying a concealed weapon (R.C. 2923.12(A)(2)); he moved to suppress the gun as the fruit of an illegal search.\
The trial court denied the suppression motion; Moorer pleaded no contest, was convicted and given community control, and appealed claiming (1) suppression error and (2) ineffective assistance of counsel.\

Issue	Plaintiff's Argument (State)	Defendant's Argument (Moorer)	Held
Validity of the Terry stop and pat-down search	Officers observed jaywalking (violating city code in area where sidewalks were practicable); brief stop and question about weapons were permissible and Moorer volunteered he had a gun	Stop was not supported by reasonable suspicion (crosswalk availability not shown); search was therefore illegal and gun should be suppressed	Denied suppression: stop justified under Columbus City Code 2171.05(a) and officers reasonably asked about weapons; Moorer’s admission justified search
Ineffective assistance of counsel (failure to obtain video/audio, prevent testimony)	N/A (prosecution opposed)	Trial counsel failed to investigate and obtain surveillance/audio and prevented Moorer from testifying at the suppression hearing, prejudicing the defense	Rejected: appellate record does not show counsel’s alleged failures caused prejudice; claims speculative and not supported by the record

Terry v. Ohio, 392 U.S. 1 (1968) (officer may conduct brief stop and limited pat-down when reasonable, articulable suspicion exists)
Knowles v. Iowa, 525 U.S. 113 (1998) (routine misdemeanor stops analogous to Terry stops)
Adams v. Williams, 407 U.S. 143 (1972) (officer may frisk for weapons to pursue duties without fear of violence)
State v. Robinette, 80 Ohio St.3d 234 (1997) (officer may briefly detain for minor offense to ask about drugs or weapons)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: deficient performance and prejudice)
State v. Burnside, 100 Ohio St.3d 152 (2003) (appellate standard of review for suppression rulings: accept trial court's factual findings if supported, review legal conclusions de novo)