State v. Hairston (Slip Opinion)

2019 Ohio 1622, 126 N.E.3d 1132, 156 Ohio St. 3d 363
CourtOhio Supreme Court
DecidedMay 2, 2019
Docket2017-1505
StatusPublished
Cited by62 cases

This text of 2019 Ohio 1622 (State v. Hairston (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hairston (Slip Opinion), 2019 Ohio 1622, 126 N.E.3d 1132, 156 Ohio St. 3d 363 (Ohio 2019).

Opinions

DeWine, J.

*364{¶ 1} As they were responding to a radio call one night, two police officers heard the sound of nearby gunshots. They immediately drove a short distance to the area where the shots seemed to be coming from and, with guns drawn, detained the only person in the area. A pat-down of the man revealed a handgun. The question before us is whether this stop-a so-called Terry stop-violated the Fourth Amendment to the United States Constitution, see Terry v. Ohio , 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The court of appeals held that it did and concluded that the trial court should have granted a defense motion to suppress the handgun and other evidence obtained during the stop. We disagree; we find no violation of the Fourth Amendment and reverse the judgment below.

I. Police respond to the sounds of gunshots, pat down the only person in the area, and recover a concealed firearm

{¶ 2} Columbus Police Officer Samuel Moore testified to the events that are at the center of this case during the trial court's hearing on the motion to suppress. As Officer Moore recounted the incident, at about 9:20 one evening in March 2015, he and his partner responded to a police dispatch about a domestic dispute. As they were getting out of their police cruiser, they heard the sound of four or five gunshots. The shots "weren't faint"; rather, "they appeared to be close." The officers immediately jumped back in their car and rushed to the area where the shots seemed *1135to be coming from-outside a nearby elementary school.

{¶ 3} It took the officers about 30 to 60 seconds to get to an intersection just outside the school-a distance by car of about four-tenths of a mile. As they approached the intersection, they spotted an individual whom they later identified as Jaonte Hairston, walking away from the school into a crosswalk while talking on a cell phone. There was no one else around. The officers got out of the car and with weapons drawn ordered Hairston to stop. Officer Moore asked Hairston if he had heard the gunshots. Hairston replied that he had. Officer Moore then asked Hairston whether he was carrying any weapons. Hairston said he had a gun and nodded toward his jacket pocket. Officer Moore patted Hairston down and retrieved a handgun from his jacket. According to Officer Moore, at the time of the stop, Hairston talked to the officers calmly but "was somewhat nervous."

*365{¶ 4} Following the arrest, Officer Moore wrote a police report stating that when the officers were exiting their cruiser, "they heard 4 to 5 gun shots west of their location" and that they "responded to the area where they heard the gun shots from." In explaining his actions, Officer Moore testified that he had patrolled the zone where he was working that night for his entire six-year police career. Drug activity-as well as assaults, robberies, and domestic violence-frequently occurred in the area around the school during the evening hours. He had previously made arrests there for those types of crimes, including gun-related arrests.

{¶ 5} Hairston was charged with carrying a concealed weapon in violation of R.C. 2923.12(A). He filed a motion to suppress the evidence obtained during the stop on the basis that the officers lacked reasonable suspicion to detain him.

{¶ 6} Following the hearing, at which Officer Moore was the only witness to testify, the trial court denied the motion to suppress. Applying the United States Supreme Court's decision in Terry v. Ohio , 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the court concluded that the officers had reasonable suspicion to perform an investigative stop.

{¶ 7} The Tenth District Court of Appeals saw it differently. The court reasoned that the sound of gunfire only implied that "someone, somewhere, had shot a gun." 2017-Ohio-7612, 97 N.E.3d 784, ¶ 13. It determined that there was no particularized connection between the gunshots and Hairston: "Hairston was simply the first person the officers saw after driving nearly one-half mile from where they stood when they heard the gunshots." Id. Nor did Hairston's actions before the stop and the surrounding contextual factors-Hairston's presence in an area with a high crime rate, his nervousness, or the time of night-amount to reasonable suspicion. Id. at ¶ 14-15. The appellate court reversed the trial court's judgment and remanded the case for further proceedings.

{¶ 8} We accepted the state's discretionary appeal. 152 Ohio St.3d 1420, 2018-Ohio-923,

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Bluebook (online)
2019 Ohio 1622, 126 N.E.3d 1132, 156 Ohio St. 3d 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hairston-slip-opinion-ohio-2019.