State v. Benton

Summary

The court affirmed the defendant’s convictions, holding that he was not seized when officers merely stepped into the roadway but was seized when they ordered him to stop. At that time, the totality of the circumstances—including recent gang-related shootings, attire associated with a rival gang, a gesture consistent with concealing a handgun, and flight—provided reasonable and articulable suspicion for the stop. The defendant did not independently challenge the subsequent arrest or search incident to arrest.