589 N.E.2d 452 | Ohio Ct. App. | 1990
Pursuant to R.C.
The defendant was cited for driving under suspension in violation of R.C.
A police officer with reasonable suspicion of criminal activity based upon articulable facts may stop a motor vehicle and briefly detain the occupants for a limited inquiry. SeeUnited States v. Brignoni-Ponce (1975),
We cannot determine from this record whether the information received by Deputy Nickoson was the result of Officer McQuade's own observations or a tip reported to Officer McQuade by some other person. Had Officer *691
McQuade personally observed the defendant consuming the wine, the information, when communicated to Deputy Nickoson, would carry sufficient indicia of reliability to justify an investigative stop by Deputy Nickoson under the totality of the circumstances, as part of a common investigation. Illinois v. Gates (1983),
As the Supreme Court recently held in Alabama v. White
(1990),
After the defendant claimed that he was detained without a warrant and that Deputy Nickoson lacked reasonable and articulable grounds to believe that he was engaged in criminal conduct, the burden of persuasion shifted to the state to establish a factual basis for the trial court to determine the source's "veracity, reliability" and the "basis of knowledge."Illinois v. Gates, supra,
We affirm the judgment of the Hamilton County Municipal Court.
Judgment affirmed.
UTZ, P.J., and DOAN and GORMAN, JJ., concur.