State v. Hicks

Citations

• 229 N.E.3d 172
• 2023 Ohio 4126

Syllabus

Dismissal of indictment outrageous government conduct defense motion to suppress fourth amendment probable cause reasonable suspicion consensual police encounter investigative detention Terry stop arrest. Judgment reversed and remanded. The trial court erred in dismissing the indictment pursuant to the defense of \outrageous government conduct\ because the doctrine was inapplicable based on the facts elicited at the hearing on the motion to dismiss. The trial court also erred in applying the more demanding standard of \probable cause\ during the suppression hearing when, based on the facts and circumstances presented, the seizure amounted to a Terry stop that required the trial court to apply the \reasonable suspicion\ standard.