E.D.Ky.: Def’s jacket was subject to search incident even though he was handcuffed and couldn’t reach it

Defendant’s jacket was subject to search incident, and his handcuffing didn’t eliminate the officer’s ability to do so. United States v. Certain, 2020 U.S. Dist. LEXIS 42273 (E.D. Ky. Mar. 11, 2020), adopting, 2020 U.S. Dist. LEXIS 44077 (E.D. Ky. Jan. 30, 2020).

“Where the trial court found no credible evidence of obstruction, we cannot find that an objectively reasonable police officer would have believed that a violation of R.C. 4503.21 had occurred. Consequently, we hold that Kemper’s belief that Brown’s temporary license placard was obstructed was not objectively reasonable, and thus, Kemper lacked probable cause or a reasonable suspicion to stop Brown’s vehicle.” Citing Heien. State v. Brown, 2020-Ohio-896, 2020 Ohio App. LEXIS 826 (1st Cir. Mar. 11, 2020).

This entry was posted in Reasonableness, Search incident. Bookmark the permalink.

Comments are closed.