Legal Opinion

State v. Hairston (Slip Opinion)

Ohio Supreme Court

Decided May 2, 2019No. 2017-1505Published

1DissentStewart, J.

{¶ 51} In this appeal, we are asked to decide a single narrow issue: whether a person's presence near a location police thought gunshots had recently been fired from amounts to particularized suspicion sufficient to conduct an investigatory stop, see Terry v. Ohio , 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). In answering this question, we must either conclude that appellee Jaonte Hairston's Fourth Amendment rights were violated by the stop or adopt a gunfire exception to the Fourth Amendment's requirement that police have an objective basis for suspecting a particular person of…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. United States v. CortezSupreme Court of the United States · 1981
  4. Dunaway v. New YorkSupreme Court of the United States · 1979
  5. Illinois v. WardlowSupreme Court of the United States · 2000

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