Post details: Four from OH4 5/17

05/20/13

Permalink 12:30:50 am, by fourth, 371 words, 342 views   English (US)
Categories: General

Four from OH4 5/17

Defendant’s car was parked “oddly” and an officer stopped to probably issue a parking ticket. When he got up to the car, he found people in it. Talking to two girls, he found they were out in violation of curfew, and he ordered them out of the car. A gun was revealed and defendant was charged with it. The situation escalated to probable cause. State v. Choice, 2013 Ohio 2013, 2013 Ohio App. LEXIS 1915 (2d Dist. May 17, 2013).*

A report of occupants of a car asleep on the median of I-75 brought a police officer. Just before he got there, the car was reported to have moved on, so he went looking for them to see if they were under the influence of something, considering the unusual place they were stopped. When they found the car stopped again, one of the occupants was reaching down, and they feared a gun. A passenger was concealing his hands, too. “Once the officers drew their weapons and ordered Cook to show his hands, an investigative stop had occurred.” Defendant was handcuffed and put in the backseat of the police car. There, his feet wouldn’t stop moving. The officer got him out and searched his feet finding drugs in his sock. The search of the sock was valid. State v. Cook, 2013 Ohio 2014, 2013 Ohio App. LEXIS 1913 (2d Dist. May 17, 2013).*

Police were called to an assault, and they were told that an orange Avalanche truck had left the seen with the assailant. An officer on the way saw an orange Avalanche truck coming from that direction. What are the odds of two such trucks at that hour? Also he couldn’t be sure the truck stopped at an intersection. There was reasonable suspicion for the stop. State v. Johnson, 2013 Ohio 2017, 2013 Ohio App. LEXIS 1918 (2d Dist. May 17, 2013).*

During his stop, defendant first reached for his waistband and refused to put his hands on the wheel and he was ordered out of the car. Once out, he stiffened up and turned sideways. The officer feared a weapon and frisked him feeling gelcaps, which he “100% believed” contained heroin, so it was “immediately apparent” to him for plain feel purposes defendant had drugs. State v. Price, 2013 Ohio 2020, 2013 Ohio App. LEXIS 1920 (2d Dist. May 17, 2013).*

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"If it was easy, everybody would be doing it. It isn't, and they don't."
—Me

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Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).

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