State v. Collier

Citations

• 2019 Ohio 3197

Syllabus

The trial court erred in denying appellant's motion to suppress. An officer responded to a fast-food restaurant at lunchtime based on an anonymous report of possible drug-dealing from a parked vehicle at the restaurant. Appellant's appellate argument that the officer lacked a reasonable articulable suspicion of criminal activity when he parked behind defendant's vehicle was not waived. The officer's investigatory detention began when the officer parked behind appellant's lawfully-parked vehicle in the restaurant parking lot, preventing it from leaving. Because there was no corroboration of the report that illegal conduct had occurred or was occurring at the restaurant, the officer lacked a reasonable articulable suspicion of criminal activity to initiate an investigatory detention upon his arrival at the restaurant. Judgment reversed and case remanded for further proceedings. (Welbaum, P.J., concurring.) (Tucker, J., concurring.)