OH5: Reasonable mistake of law for stop permissible in OH

Reasonable mistake of law in Ohio not a reason to suppress. State v. Reedy, 2012 Ohio 4899, 2012 Ohio App. LEXIS 4290 (5th Dist. October 17, 2012):

[*P15] In the instant case, the facts are not in dispute. Instead, appellant challenges the trial court’s application of the legal standard to those facts. Appellant argues the issue before us is whether appellant’s failure to signal upon turning left from a private parking lot is a violation of the law. We find, though, that answering this question is not central to the analysis. Instead, the issue we must resolve is whether a police officer may stop an individual when the officer reasonably but mistakenly believes the conduct is a violation of the law; the answer to this question is “yes.” State v. Garnett, 10th Dist. No. 09AP-1149, 2010 Ohio 5865, ¶ 13, appeal not allowed, 128 Ohio St. 3d 1447, 2011 Ohio 1618, 944 N.E.2d 696, reconsideration denied, 128 Ohio St. 3d 1504, 2011 Ohio 2420, 947 N.E.2d 685, citing State v. Gunzenhauser, 5th Dist. No. 09-CA-21, 2010 Ohio 761, ¶ 16.

Note: But not many other jurisdictions. This is a conflict between states and circuits.

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