State v. Raab
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[Cite as State v. Raab, 2001-Ohio-3928.] COURT OF APPEALS ELEVENTH DISTRICT ASHTABULA COUNTY, OHIO JUDGES STATE OF OHIO, Plaintiff-Appellant, HON. WILLIAM M. O NEILL, P.J., HON. ROBERT A. NADER, J., HON. DIANE V. GRENDELL, J. vs CHRISTOPHER M. RAAB, ACCELERATED CASE NO. 2001-A-0010 Defendant-Appellee. CONCURRING OPINION GRENDELL, J. Patrolman Kaselak should be commended for his initial actions. He was looking out for public safety when he decided to question appellee. Appellee, standing, facing a closed building with his hands stuffed up his shirt suggested to Patrolman Kaselak that the situation did not seem right, so he approached appellee for the purpose of a consensual encounter. A consensual encounter is not a seizure, so no Fourth Amendment rights are invoked. Florida v. Bostick (1991), 501 U.S. 429. During a consensual encounter the individual must be free to terminate the encounter. Id. at 439. However, when Patrolman Kaselak searched appellee, this escalated the situtation from a consensual encounter to a 2 seizure, invoking appellee s Fourth Amendment rights. Therefore, at this juncture, Patrolman Kaselak violated appellee s Constitutional rights because he did not have reasonable suspicion to justify the search of appellee. _______________________________________ JUDGE DIANE V. GRENDELL
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