{"id":3154,"date":"2009-12-23T09:06:00","date_gmt":"2009-05-25T23:15:34","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-05-26T05:32:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3154","title":{"rendered":"OH9: “The stronger an officer’s suspicion, the longer a detention can be before it becomes unreasonable.”"},"content":{"rendered":"

The strong the RS, the longer the officer can take to get a dog there for a sniff. State v. French<\/a>, 2009 Ohio 2342, 2009 Ohio App. LEXIS 1983 (9th Dist. May 20, 2009):<\/p>\n

The stronger an officer’s suspicion, the longer a detention can be before it becomes unreasonable. Having reviewed the totality of the circumstances, this Court concludes that Officer Cirullo’s investigation was diligent, that he used the least intrusive means reasonably available to confirm or dispel his suspicions, and that he did not detain the Frenches for an unreasonable amount of time to wait for the K-9 unit to arrive.<\/p><\/blockquote>\n

Defendant was patted down and the officer felt his ID card. The officer asked for the ID card which had a different name than the name he gave when stopped. Producing the card was acquiescence to a claim of authority. Johnson v. State<\/a>, 297 Ga. App. 847, 678 S.E.2d 539 (2009).*<\/p>\n

Reasonable suspicion that defendant probationer was in a vehicle was reason to stop it when defendant was subject to stops and searches. State v. Hedgecock<\/a>, 2009 Ida. App. LEXIS 60 (May 14, 2009).*<\/p>\n

Emergency aid doctrine permitted an entry based on the officer’s response to a fight in progress. [This is thin, but sufficient.] State v. Baker<\/a>, 2009 Ohio 2340, 2009 Ohio App. LEXIS 1995 (9th Dist. May 20, 2009)*:<\/p>\n

1) Officer Wood’s experience led him to believe that the informant’s report of a fight at the home was accurate based on Baker’s agitation and behavior; 2) the officer was aware that people fleeing the home had prior criminal records; 3) Baker admitted there had earlier been a fight on the property despite his initial denial; 4) the officer heard sounds coming from the home; and 5) the officer only saw males in and around the property although the informant reported, and Baker admitted, that the fight involved women. Accepting these facts as true, the trial court did not err by concluding that Officer Wood had objectively reasonable grounds to believe that there was a woman inside the house who had been injured in the fight and was in need of emergency aid.<\/p><\/blockquote>\n

[Posted 5\/26\/09]<\/p>\n","protected":false},"excerpt":{"rendered":"

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