{"id":4158,"date":"2010-07-13T06:40:11","date_gmt":"2010-05-12T10:39:07","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-05-12T10:39:07","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4158","title":{"rendered":"OH5: Curfew violation RS"},"content":{"rendered":"

Curfew violation was reasonable suspicion. State v. Wise<\/a>, 2010 Ohio 2040, 2010 Ohio App. LEXIS 1674 (5th Dist. May 6, 2010):<\/p>\n

[*P18] In the instant case, the officer saw a group of individuals who appeared to be young in age walking in the street rather than on the sidewalk at 1:15 a.m. He recognized one member of the group and knew that individual to be under the age of 18 and therefore out after curfew. When the group saw the officer, they began walking away at a fast pace. The officer had reasonable suspicion to stop the group and investigate further.<\/p><\/blockquote>\n

The officer parked near defendant and walked up. The patrol car\u2019s lights were not on. The interaction with defendant was consensual because he was not commanded to stop. State v. Casillas<\/a>, 279 Neb. 820, 782 N.W.2d 882 (2010):<\/p>\n

Rennerfeldt approached Casillas on foot. He did not turn on the overhead lights of his police cruiser. Rennerfeldt did not interfere with Casillas’ prior activity of sitting in the truck. Instead, he asked for identification and posed a few questions to Casillas. We have explained that a seizure does not occur simply by reason of the fact that a police officer approaches an individual, asks him or her for identification, and poses a few questions to that individual, so long as the officer does not indicate that compliance with his or her request is required and the questioning is carried on without interrupting or restraining the person’s movement.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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