OH4: Heien good faith mistake of fact doesn’t apply to a stop under a completely inapplicable ordinance

Defendant’s stop was unreasonable, and Heien’s good faith mistake of fact doesn’t apply. The city code provision dealt with turning at intersections, and the officer stopped defendant for turning into a driveway which is not an “intersection.” State v. Ware, 2019-Ohio-3885, 2019 Ohio App. LEXIS 3954 (4th Dist. Sept. 23, 2019).

Defendant didn’t properly preserve his state constitutional claim in the trial court, only alluding to it, and didn’t really address it until it got here. It’s treated as waived. Commonwealth v. Bishop, 2019 Pa. LEXIS 5446 (Sept. 26, 2019) [Fifth Amendment claim, but instructive.]

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