OH7: State can’t raise alternative argument on appeal not presented to trial court

Defendant’s traffic stop was unreasonable because there was no objective, let alone good faith, basis for the stop. There were conflicting traffic signs at the intersection, but they didn’t apply to appellant in his lane. Also, the state could not rely on the attenuation doctrine when it didn’t raise it in the trial court so the trial court could rule and the defense could contest it. State v. Barnett, 2018-Ohio-2486, 2018 Ohio App. LEXIS 2675 (7th Dist. June 26, 2018).

After the traffic stop, the officer saw marijuana shake in the car. Further observations provided reasonable suspicion to continue the stop, and ultimately it added up to probable cause. State v. Anderson, 2018-Ohio-2455, 2018 Ohio App. LEXIS 2667 (11th Dist. June 25, 2018).*

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