{"id":2794,"date":"2009-05-20T08:02:40","date_gmt":"2008-12-23T06:26:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-12-23T06:26:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2794","title":{"rendered":"OH2: Patdown revealing pill bottle was not a plain feel; officer knew it wasn’t a weapon"},"content":{"rendered":"

Patdown was justified by reasonable suspicion, but opening pill bottle in pocket was not justified by plain feel because it was obvious it was not a weapon. State v. Dickerson<\/a>, 2008 Ohio 6544, 179 Ohio App. 3d 754, 903 N.E.2d 697 (2d Dist. 2008):<\/p>\n

[*P22] Applying that standard, the Supreme Court pointed out that “once the officer determines from his sense of touch that an object is not a weapon, the pat-down frisk must stop. The officer, having satisfied himself or herself that the suspect has no weapon, is not justified in employing Terry as a pretext for a search for contraband.” Evans, 67 Ohio St.3d at 414.<\/p>\n

[*P23] Officer Blackburn’s testimony indicates that upon patting down Dickerson’s clothing, he felt something hard in his coat pocket and that he did not know what it was. He could not testify that it felt like a weapon or that it was contraband; his testimony was that “[i]t could have been anything.” He also testified that he could not determine that the pill bottle that he retrieved from this pocket contained contraband until he opened it. And, at the point of opening it, it was apparent that it was not a weapon.<\/p><\/blockquote>\n

Private security guard was not a state actor when he approached defendant in apartment complex to question what he was doing there. Even if he was, the conduct hardly rose to the level of a seizure. State v. Branch<\/a>, 2008 Ohio 6721, 2008 Ohio App. LEXIS 5594 (2d Dist. December 19, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2794","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2794","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2794"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2794\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2794"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2794"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2794"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}