STATE v. HAIRSTON

No. 2017-1505.

126 N.E.3d 1132 (2019)

156 Ohio St.3d 363

2019-Ohio-1622

The STATE of Ohio, Appellant, v. HAIRSTON, Appellee.

Supreme Court of Ohio.

Decided May 2, 2019.


Attorney(s) appearing for the Case

Ron O'Brien , Franklin County Prosecuting Attorney, and Sheryl L. Prichard , Assistant Prosecuting Attorney, for appellant.

Yeura R. Venters , Franklin County Public Defender, and Timothy E. Pierce and Zachary D. Mayo , Assistant Public Defenders, for appellee.

Hunter, Carnahan, Shoub, Byard & Harshman, Russell E. Carnahan , and Robert M. Cody , urging reversal for amicus curiae Fraternal Order of Police, Capital City Lodge No. 9.

Timothy Young , Ohio Public Defender, and Nikki Trautman Baszynski , Assistant Public Defender; Jacqueline C. Greene ; David A. Singleton ; Raymond T. Faller , Hamilton County Public Defender, and Joshua A. Thompson , Assistant Public Defender; Theresa G. Haire , Montgomery County Public Defender, and Christopher W. Thompson , Assistant Public Defender; Erin E. Davies ; and Sarah J. Gelsomino , urging affirmance for amici curiae Office of the Ohio Public Defender, Ohio Chapter of the National Lawyers Guild, Ohio Justice and Policy Center, Hamilton County Public Defender, Montgomery County Public Defender, Juvenile Justice Coalition, and Friedman & Gilbert, L.L.C.


{¶ 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...

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