State v. Pickett

Citations

• 2017 Ohio 5830
• 94 N.E.3d 1046

Syllabus

The police stop at issue was based upon information supplied by a 911 caller who provided his first name and a telephone number. The 911 caller reported that at a specified location a man wearing a red hooded sweatshirt had fired three shots into the air. Defendant-appellee, wearing a red hooded sweatshirt and within 4 minutes of the 911 call, was stopped a short distance from the location of the reported shots. The trial court, though correctly concluding that the 911 caller was an identified citizen informant, ruled that the stop was not based upon a reasonable suspicion of criminal conduct, resulting in the suppression of drugs found as a result of the stop. It is concluded, based upon the information supplied by the 911 caller, that the stop of Defendant-appellee, wearing a red hooded sweatshirt, near the location of the reported shots and within 4 minutes of the 911 call, was based upon a reasonable, articulable suspicion that Defendant-appellee was the person who fired the reported shots. Judgment reversed. (Donovan, J., dissenting).