State v. Walker, 2011 Ohio 5779

Walker was convicted of tampering with evidence after police discovered a backpack containing a defaced .380 pistol near 1228 Pondview during a burglary investigation in Summit County.
Officers observed Walker with a group at the corner near the burglary area; after seeing the police, the group moved from the back door of a home and fled.
Detective Cunningham, experienced and aware of prior burglaries, pursued the group and observed the backpack without Walker initially wearing it.
The backpack and pistol were found in weeds behind the houses along with Buick car keys; Walker’s mother identified the backpack as Walker’s.
Walker argued suppression was warranted; the trial court denied suppression, and a jury found him guilty of tampering with evidence while acquitting other charges.
Appeals court affirmed the conviction, holding the stop supported by reasonable suspicion and the evidence sufficient and not against the weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the stop violate the 4th Amendment?	Walker asserts lack of reasonable suspicion.	Walker contends the stop was unlawful.	Stop supported by reasonable suspicion; suppression denied.
Is the conviction for tampering with evidence supported by sufficient evidence?	Walker contends insufficiency of evidence.	State argues sufficient evidence of concealment knowing an investigation was pending or likely.	Sufficient evidence to sustain conviction.
Is the conviction against the manifest weight of the evidence?	Walker claims the evidence story is more plausible defense-wise.	State's theory is credible; weight favors the State.	Conviction not against the weight of the evidence.

State v. Mills, 62 Ohio St.3d 357 (1992) (clear on mixed questions of law and fact for suppression review)
State v. Fanning, 1 Ohio St.3d 19 (1982) (credibility preserved for appellate factual review)
State v. McNamara, 124 Ohio App.3d 706 (1997) (standard for appellate review of suppression orders)
State v. Johnson, 2011-Ohio-3941 (9th Dist. No. 25525, 2011) (recited mixed question framework for suppression review)
State v. Burnside, 2003-Ohio-5372 (Ohio Supreme Court) (establishes four-factor framework for reasonable suspicion)
Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion standard governing stops)
United States v. Cortez, 449 U.S. 411 (1981) (less-than-probable-cause basis for suspicion)
Alabama v. White, 496 U.S. 325 (1990) (reasonableness of suspicion based on totality of circumstances)
Brown v. Texas, 443 U.S. 47 (1979) (distinguishes unfounded, non-suspicious stops)
State v. White, 2006-Ohio-2966 (9th Dist. No. 05CA0060) (articulates four-factor framework for stop justification)
State v. Bobo, 37 Ohio St.3d 177 (1988) (back-to-back framework for investigatory stops)
State v. Curtis, 2011-Ohio-1277 (2d Dist. No. 23895) (consensual encounter remains non-seizure if no compelment)
State v. Taylor, 1995 (9th Dist. Ohio) (documentation on encounters and field interviews)
State v. Foster, 2009-Ohio-840 (9th Dist.) (precedent on seizure versus encounter in similar settings)
State v. Harvey, 2000-Ohio-16 (9th Dist. No. 20016) (preliminary field interview in nighttime settings)