State v. Phillips, 2016 Ohio 7049

On July 20, 2015, Cuyahoga County Gang Impact Unit officers patrolling a high gang/drug area observed a group loitering on a one-way street at about 10:00 p.m.; officers circled and returned to investigate.
When officers returned, Phillips moved to the front passenger side of a parked car, made a furtive motion along his waistband and placed an object under the vehicle, then fled.
Sergeant Baeppler recovered a loaded 9mm semiautomatic handgun under the car; detectives later found rocks of suspected crack cocaine on Phillips when apprehended.
No DNA testing was performed on the gun; Phillips told officers the gun belonged to a juvenile but admitted possessing cocaine.
Phillips was indicted on multiple counts; jury convicted him of having a weapon while under disability, possession of cocaine with a one-year firearm specification, and obstructing official business; sentenced to two years.
On appeal Phillips asserted ineffective assistance of trial counsel for failing to move to suppress, arguing the stop/seizure was not supported by reasonable, articulable suspicion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officers had reasonable, articulable suspicion to stop/detain Phillips	Officers argue their observations (high-crime area, night, furtive waistband gesture, placing object under car, immediate flight, officers' experience) provided reasonable suspicion to investigate	Phillips argues he and others were merely loitering and some had returned to sidewalk; the officers lacked specific suspicion to justify a Terry stop, so evidence (drugs) should have been suppressed	Court held the totality of circumstances (Bobo factors) supplied reasonable suspicion; stop was lawful, so counsel was not ineffective for not moving to suppress

Strickland v. Washington, 466 U.S. 668 (1984) (two-part ineffective-assistance test: deficient performance and prejudice)
Terry v. Ohio, 392 U.S. 1 (1968) (officers may make brief investigatory stop on reasonable suspicion)
Katz v. United States, 389 U.S. 347 (1967) (warrantless searches/seizures presumptively unreasonable)
State v. Bobo, 37 Ohio St.3d 177 (1988) (totality-of-circumstances test and articulable facts supporting suspicion an individual is armed)
State v. Fincher, 76 Ohio App.3d 721 (1991) (approaching/retreating from vehicle not always sufficient for investigatory stop)
State v. Walker, 90 Ohio App.3d 132 (1993) (flight alone in a drug area insufficient for stop)