State v. Lewis

Summary

The court held that the defendant was not seized until the officer physically touched him, because the officer's vehicle placement, questioning, and approach did not objectively communicate that the defendant was not free to leave. The court further held that the officer had reasonable and articulable suspicion based on the defendant's resemblance to the reported perpetrator, his close temporal and geographic proximity to the assault, and the surrounding circumstances, and that the violent choking incident supported a protective patdown. The court therefore upheld the denial of suppression and affirmed the judgment.