OH12: Stop for riding bicycle in center of road led to RS for frisk

Defendant’s stop was for riding a bicycle in the center of the road, but when finally stopped, he had a large sheathed knife on him, and that justified a frisk. State v. Hayes, 2024-Ohio-5545 (12th Dist. Nov. 25, 2024).*

“Defendant complains about whether one of his lawyers liked him and whether another was too young to handle the case. He also provides a self-serving history about the circumstances of his arrest and the investigation. None of these arguments entitle him to relief.” Defense counsel wasn’t ineffective for not filing a motion to suppress that was obviously going nowhere. United States v. Milke, 2024 U.S. Dist. LEXIS 214069 (E.D. Ark. Nov. 25, 2024).*

The search warrant materials were late being disclosed but long enough before trial that the defense can’t show prejudice. People v. Irving, 2024 NY Slip Op 51602(U), 2024 N.Y. Misc. LEXIS 22419 (Kings Co. Nov. 12, 2024).*

Defendant prevails in an ineffective assistance of counsel claim that defense counsel failed to move to suppress a protective sweep done without justification. Remanded for a full suppression hearing. State v. Jones, 2024-Ohio-5501 (1st Dist. Nov. 22, 2024).*

This entry was posted in Protective sweep, Reasonable suspicion, Warrant papers. Bookmark the permalink.

Comments are closed.