City of Pepper Pike v. Parker

I respectfully dissent from the decision to reverse and remand this matter for further proceedings.

Stopping an automobile and detaining the occupants constitutes a seizure within the meaning of the Fourth Amendment. Delaware v. Prouse (1979), 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660. Thus, such stops must be reasonable in order to to safeguard the privacy and security of individuals against arbitrary invasions. Id. A brief investigative stop is permitted if there is at least an articulable and reasonable suspicion that a motorist is subject to seizure for violation of law. Id. The officer…