{"id":3395,"date":"2010-01-16T06:56:00","date_gmt":"2009-09-21T03:19:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-09-20T11:20:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3395","title":{"rendered":"OH5: Officer could pin the defendant to his car when he made a sudden move to the back of the car that the officer did not expect"},"content":{"rendered":"

Officer could pin the defendant to his car when he made a sudden move to the back of the car that the officer did not expect. Defendant did not overcome the presumption of regularity of findings of fact and conclusions of law drafted by the prosecutor. [Maybe so if the written findings don\u2019t match the oral findings.] State v. Dell<\/a>, 2009 Ohio 4897, 2009 Ohio App. LEXIS 4151 (5th Dist. September 16, 2009):<\/p>\n

[*P16] In his Second Assignment of Error, appellant contends the trial court’s delegation to the prosecutor the task of submitting proposed findings of fact and conclusions of law on the suppression ruling was a violation of appellant’s constitutional rights. We disagree.<\/p>\n

[*P17] Generally, “[a]n appellate court is guided by a presumption of regularity in the proceedings before a trial court.” Huffer v. Chafin, Licking App.No. 01 CA 74, 2002 Ohio 356. In Adkins v. Adkins (1988), 43 Ohio App.3d 95, 539 N.E.2d 686, the court indicated that a trial court may adopt a party’s proposed findings verbatim, but that before adopting proposed findings, the trial judge has a duty to read the document thoroughly, and ensure that it is completely accurate in fact. See id. at 98, 539 N.E.2d 686, citing Paxton v. McGranahan (Oct. 31, 1985), Cuyahoga App. No. 49645; State v. Rose, 4th Dist. No. 06 CA 5, 2006 Ohio 5292, P 45. Findings from the verbatim adoption of proposed findings may be reversed on appeal only if they are clearly erroneous. See State v. Elmore, Licking App.No. 2005-CA-32, 2005 Ohio 5940, P 30.<\/p><\/blockquote>\n

Officers did not \u201cstop\u201d the defendant, but, if they did, there was reasonable suspicion. Defendant fled. United States v. Colon, 654 F. Supp. 2d 326 (E.D. Pa. 2009).*<\/p>\n

The video of the stop supported the government\u2019s contention defendant consented. United States v. Hendrix, 2009 U.S. Dist. LEXIS 85244 (W.D. Tenn. September 17, 2009).*<\/p>\n

Defendant found to have consented to search of his car. He was questioned in Spanish. United States v. Navarro, 2009 U.S. Dist. LEXIS 85113 (M.D. Ala. August 28, 2009).*<\/p>\n

Informant\u2019s information provided reasonable suspicion to stop the defendant, including the fact that defendant had a gun under the car seat. United States v. Allen, 2009 U.S. Dist. LEXIS 84991 (E.D. Mo. May 21, 2009).*<\/p>\n

Case remanded for more findings on plain view. The reasons given by the trial court do not support the finding of plain view. The reason for the stop was satisfied before that happened. Skjervem v. State, 215 P.3d 1101 (Alas. App. 2009).*<\/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-3395","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3395","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=3395"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3395\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3395"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3395"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3395"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}