Defendant\u2019s jacket was subject to search incident, and his handcuffing didn\u2019t eliminate the officer\u2019s ability to do so. United States v. Certain, 2020 U.S. Dist. LEXIS 42273 (E.D. Ky. Mar. 11, 2020), adopting, 2020 U.S. Dist. LEXIS 44077 (E.D. Ky. Jan. 30, 2020).<\/p>\n\n\n\n
\u201cWhere the trial court found no credible evidence of obstruction, we cannot find that an objectively reasonable police officer would have believed that a violation of R.C. 4503.21 had occurred. Consequently, we hold that Kemper’s belief that Brown’s temporary license placard was obstructed was not objectively reasonable, and thus, Kemper lacked probable cause or a reasonable suspicion to stop Brown’s vehicle.\u201d Citing Heien. State v. Brown<\/a>, 2020-Ohio-896, 2020 Ohio App. LEXIS 826 (1st Cir. Mar. 11, 2020). Defendant\u2019s jacket was subject to search incident, and his handcuffing didn\u2019t eliminate the officer\u2019s ability to do so. United States v. Certain, 2020 U.S. Dist. LEXIS 42273 (E.D. Ky. Mar. 11, 2020), adopting, 2020 U.S. Dist. LEXIS 44077 (E.D. Ky. … Continue reading
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