In re J.C.

Citations

• 2019 Ohio 4815

Syllabus

JUVENILE – CONSTITUTIONAL LAW/CRIMINAL – FOURTH AMENDMENT – SEARCH AND SEIZURE – TERRY STOP – CONCEALED WEAPON: The juvenile court erred in overruling a juvenile's motion to suppress after finding that a police officer had a reasonable, articulable suspicion to justify a Terry stop of the juvenile, who he suspected was carrying a concealed firearm, where the officer only observed the juvenile look down upon seeing a police cruiser and move his hand to cover his hip on three separate occasions during the daytime, and had no other corroborating information that the juvenile was involved in criminal activity. [But see DISSENT: The juvenile court did not err in overruling the juvenile's motion to suppress or in finding that the police officer's stop of the juvenile was permissible under Terry where the officer, in an area known for crime and gun violence, observed the juvenile, upon seeing the police, make suspicious, furtive hand-to-waist movements on three separate occasions, which in the officer's personal experience was consistent with someone carrying a concealed weapon.]