OH8: Street gambling doesn’t justify frisk for weapons

15-20 men standing around gambling did not justify a frisk for weapons. State v. Parrish, 2023-Ohio-3356, 2023 Ohio App. LEXIS 3266 (8th Dist. Sep. 21, 2023).

The search issue raised after trial and waived pretrial does not show manifest injustice. By all appearances, it would not have been an illegal search. Commonwealth v. Bastos, 2023 Mass. App. LEXIS 135 (Sep. 20, 2023).*

The district court rejects the testimony of defendant’s standing witness: “The undersigned notes that Mr. Kuany has a history of providing false information to law enforcement. He was convicted of false reporting to the police in 2019 and he is also a convicted felon. It is not surprising to the Court that Mr. Kuany’s record of dishonesty carried itself into his testimony during the evidentiary hearing.” United States v. Gatkuoth, 2023 U.S. Dist. LEXIS 167409 (D. Neb. Aug. 14, 2023),* adopted, 2023 U.S. Dist. LEXIS 167797 (D. Neb. Sep. 19, 2023).*

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