v.
Clinton M. YOUNG, III, Defendant-Appellant
{¶ 1} Defendant-appellant Clinton M. Young, III appeals the trial court's denial of his motion to suppress a firearm and several baggies of marijuana and pills police discovered after placing him under arrest. Upon review, we overrule his sole assigned error and affirm.
{¶ 2} The record developed at the suppression hearing reveals that one evening, a Parma Heights resident called 911 to report two males breaking glass in an intersection. The caller stated that the suspects were heading south on Edgehill Drive towards the intersection where Edgehill merges into Pearl Road, and that one of them was on a bicycle. Two police officers, in separate patrol cars, responded to the scene.
{¶ 3} The officers arrived to the vicinity within minutes of being dispatched. The first officer came upon Young, who was riding a bicycle on the sidewalk, heading south on Pearl Road near Edgehill Drive. He relayed this information to the second officer and continued to search for additional suspects. The second officer saw Young on his bicycle, immediately turned his cruiser around, and activated his lights. Young stopped. The other officer arrived shortly thereafter and they questioned Young about what he was doing and if he knew about the broken glass. They asked Young if they could see his identification and Young complied. The officers ran Young's information through dispatch and were alerted to the fact that Young had an active warrant. After arresting Young, police discovered the firearm and contraband. Young moved to suppress the items arguing that the police did not have a right to stop him. The trial court denied his motion.
{¶ 4} "Appellate review of a motion to suppress presents a mixed question of law and fact."
State v. Burnside
,
{¶ 5} The Fourth Amendment to the United States Constitution prohibits warrantless searches and seizures as per se unreasonable, subject to a few exceptions.
Katz v. United States
,
{¶ 6} An investigative or "
Terry
" stop, where an officer briefly detains a person based on a reasonable suspicion that the person may be involved in criminal activity, is one exception to the general prohibition to warrantless searches and seizures.
See
Terry v. Ohio
,
{¶ 7} A
Terry
stop is valid where the officer's reasonable suspicion is based on specific and articulable facts that the individual in question is, was, or soon will be engaged in criminal activity.
State v. Arafat
, 8th Dist. Cuyahoga No. 102662,
{¶ 8} Consensual encounters with the police are not subject to Fourth Amendment protections.
State v. White
, 8th Dist. Cuyahoga No. 92229,
{¶ 9} Young argues that the officers' request for his identification was unnecessary to their investigation of the broken glass and was only done as a means of checking for warrants. He argues that he could not, and did not, voluntarily provide his identification to the police because at the point the officers asked him for it, he was not free to leave and had no choice but to comply with their request.
{¶ 10} When the police encountered Young, one immediately turned around, activated his lights, and approached him. That officer did not remember exactly what he said to engage Young, but testified that his tone was not angry or loud, that he did not yell at Young, nor did he order him to stop his bicycle. The officer testified to saying something to the effect of "hey, can I talk to you?" The other officer arrived within a short time, at which point the officers asked Young where he was coming from, where he was going, what he was doing, and why he was in the area. They asked him if he knew anything about the broken-glass incident. Neither officer drew a weapon or physically touched Young. One officer described the manner in which he addressed Young as being a "normal conversational tone."
{¶ 11} With regard to whether a reasonable person would have felt free to leave at this point, both of the officers' testimony, as well as Young's were clear that Young was not free to leave.
But see
Whren v. United States
,
{¶ 12} " 'Ordinarily, an investigating officer is free to ask a person for identification without implicating the [Fourth] Amendment.' "
Hiibel
, 542 U.S. at syllabus,
{¶ 13} The officers testified that they asked Young for his identification. They did not demand it or order that he show it. Young complied with the request. He could have refused. And if his refusal and answers to the officers' questions did not give them probable cause to arrest him, he would have been free to go.
See
McCarty
{¶ 14} Alternatively, Young argues that we should consider the officers' request for identification as a "frisk" because he did not believe he could decline the request. He cites to no authority for us to conclude as much. Because Young was free to refuse the request, we likewise decline to view the officers' request as a "frisk."
{¶ 15} Moreover, even assuming that the officers' only reason for asking to see Young's identification was to check for warrants, our analysis does not change.
See
United States v. Young
,
{¶ 16} Judgment affirmed.
MARY J. BOYLE, J., and ANITA LASTER MAYS, J., CONCUR