OH8: Trial court was justified in not crediting officers on misdemeanor arrest that led to SI

“It appears from the transcript of the hearing on Huey’s motion that [officer] Nicholson seemed to be at a completely different incident scene than [officer] Zinner,” and that justified the trial court disbelieving their testimony from leading questions from the DA that furtive movements justified the search. The stop was for a nonarrestable misdemeanor under Ohio law, and the search would not be justified without the convenient testimony that was rejected. State v. Huey, 2011 Ohio 5496, 2011 Ohio App. LEXIS 4501 (8th Dist. October 27, 2011).*

Left turn from center lane was not a violation of the law in this state, so the stop was without reasonable suspicion as a mistake of law. Gunn v. State, 956 N.E.2d 136 (Ind. App. 2011).*

Although there was no reasonable suspicion to believe that a probation violation had occurred, and consent to search defendant’s room was not given, his drug conviction was still upheld because defendant admitted to possession of paraphernalia that contained methamphetamine under oath at a probation revocation hearing. Nowling v. State, 955 N.E.2d 854 (Ind. App. 2011).*

Officers came to defendant’s house with a court order to seize guns. The trial court credited the consent to enter was given by one of his parents. State v. Feeney, 2011 Ohio 5474, 2011 Ohio App. LEXIS 4486 (9th Dist. October 26, 2011).*