Appellate counsel says Rohrs' detention was an unlawful Terry stop and asks court to suppress evidence

Stephanie Cunningham, attorney for appellant Joshua Rohrs, told the court she reserved rebuttal time and argued the appeal on two grounds: an unlawful Terry stop and a jury-unanimity claim. She told the panel she would ask the court to reverse the denial of a suppression motion and to suppress any evidence that flowed from the initial contact with Officer Casablanca.

Cunningham argued the initial contact was both a subjective and objective investigatory seizure aimed at probing a potential domestic-violence assault and that the record shows no attenuation between that seizure and the evidence later collected. "Anything that is discovered as a result of the initial illegal contact must be suppressed," she said, urging the court to order suppression rather than allow piecemeal salvage on remand.