State v. Simmons, 2013 Ohio 5088

Appellant Calvin Simmons challenged suppression of evidence from an April 5, 2012 encounter with police in Hamilton, arguing the search/seizure was illegal.
Hucke and partner stopped Simmons after observing furtive behavior and a plastic baggie protruding from Simmons' hand.
The trial court found the initial encounter consensual and the subsequent Terry stop supported by totality of circumstances.
During the stop, officers observed drugs in plain view, leading to probable cause to arrest Simmons.
Simmons pleaded no contest to possession of cocaine and resisting arrest; convictions affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the suppression denial correct?	State argues initial encounter was consensual; stop justified by totality of circumstances.	Simmons contends the encounter was unlawful and lacking reasonable suspicion.	No error; suppression denial affirmed.

State v. Cook, 2004-Ohio-4793 (2d Dist. Montgomery (2004)) (distinguishable; no stop without articulable suspicion when hand not opened)
State v. Nealen, 84 Ohio App.3d 235 (8th Dist. 1992) (investigatory stop lacking specific facts; words alone not seizure)
Terry v. Ohio, 392 U.S. 1 (U.S. Supreme Court (1968)) (establishes stop framework based on reasonable, articulable suspicion)
Florida v. Bostick, 501 U.S. 429 (U.S. Supreme Court (1991)) (consensual encounters not seizures if no coercive force or show of authority)