{"id":3797,"date":"2010-05-18T17:43:50","date_gmt":"2010-02-01T08:30:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-02-01T08:30:17","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3797","title":{"rendered":"OH2: High crime area not RS for frisk"},"content":{"rendered":"

Defendant was riding a bicycle on the sidewalk in a high crime area, and the officer stopped him and subjected him to a frisk without reasonable suspicion. Being in a high crime area is not enough. State v. Roberts<\/a>, 2010 Ohio 300, 2010 Ohio App. LEXIS 235 (2d Dist. January 29, 2010):<\/p>\n

[*P19] In this case, there is no evidence that Fuller’s patdown of Roberts was based on a reasonable and articulable suspicion that Roberts may have been armed. Fuller explained the bases for the frisk, stating: “I did this because this is both a high crime and high drug area. I personally have made drug arrests, gun arrests, and have personal knowledge of other officers making gun and drug arrests within the same vicinity. We have an officer involved shooting within two blocks of there several weeks before that. Based on these reasons, I patted him down for weapons.” As for Roberts specifically, Fuller stated that, prior to the search, Roberts was compliant, made no assertive movements, did not reach into his pockets, was not belligerent or verbally abusive, and had not discarded anything. Fuller did not know Roberts, and his stop of Roberts was based on a traffic violation, not any suspicion of drug activity or any other criminal conduct that might involve weapons. Fuller acknowledged on cross-examination that, “at this point, [Roberts] was 100% compliant. He didn’t do anything to make [the officer] worry that he was going to do anything to harm [him].”<\/p>\n

[*P20] Based on Fuller’s testimony, it is apparent that the officer lacked the requisite reasonable and articulable suspicion that Roberts was armed and dangerous to justify a patdown for weapons. Accordingly, the trial court erred in denying Roberts’ motion to suppress evidence obtained as a result of the patdown, i.e., the handgun.<\/p><\/blockquote>\n

Bag of meth found on the defendant\u2019s person after his arrest for outstanding warrants was valid either as a search incident or would have inevitably been discovered on booking into the jail. State v. Rodrigues<\/a>, 122 Haw. 229, 225 P.3d 671 (2010).*<\/p>\n

Defendant opened his door to permit officers to enter after they asked if they could enter, and that was consent shown by conduct. Piercy v. Commonwealth<\/a>, 303 S.W.3d 492 (Ky. App. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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