OH10: A defense to a traffic charge doesn’t per se undermine the PC for the stop

Defendant was stopped for not signaling 100′ from the intersection when he pulled out from a parking spot less than 100′ from the intersection. That was still PC for the stop, and his defense was just that, a defense, but it didn’t mean no PC. State v. Smith, 2014-Ohio-712, 2014 Ohio App. LEXIS 699 (10th Dist. February 27, 2014).*

The officer here had probable cause that defendant’s vehicle was involved in an act of violence. When defendant and the vehicle were finally matched up, both matched the description given by witnesses. The vehicle was legitimately towed, and the officer had probable cause before the towing to search the car. A gun was found, and defendant was a felon. United States v. Cook, 2014 U.S. Dist. LEXIS 25411 (N.D. Iowa January 22, 2014).*

In the way defendant grabbed for his fannypack, it was obvious to the officer that he was carrying a gun in it. A frisk was justified. United States v. Cardona-Vicente, 2014 U.S. Dist. LEXIS 26134 (D. P.R. February 26, 2014).*