{"id":4995,"date":"2010-12-27T10:15:21","date_gmt":"2010-12-18T10:28:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-18T10:28:28","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4995","title":{"rendered":"OH8: Ordinary citizen report is not treated the same as a CI"},"content":{"rendered":"<p>An unidentified citizen\u2019s report of a man with a gun in his waistband apparently casing a gas station to rob it was sufficient to stop and frisk him. The officer went to the gas station within a minute of the report and found the defendant who he had assume the position, finding the gun. The stop and frisk was reasonable. A citizen complaint is different than an anonymous report. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2010\/2010-ohio-6027.pdf\">State v. Cisternino<\/a>, 2010 Ohio 6027, 2010 Ohio App. LEXIS 5056 (8th Dist. December 9, 2010)*:<\/p>\n<blockquote><p>[*P15]  We disagree with Cisternino, and instead find, as did the Weisner court, that an ordinary citizen informant who does not happen to give a name should not be treated like an anonymous informant. See State v. Jordan, Montgomery App. No. 18600, 2001 Ohio 1630, citing Weisner. The Second District Court of Appeals held that \u201c[i]nformation from an ordinary citizen who has personally observed what appears to be criminal conduct carries with it indicia of reliability and is presumed to be reliable.\u201d State v. Carstensen (Dec. 18, 1991), Miami App. No. 91-CA-13, 1991 Ohio App. LEXIS 6116, unreported. Similarly, the First District Court of Appeals held that an unidentified informant who stops an officer to provide information about a crime is not anonymous: \u201cThere is nothing even remotely anonymous, clandestine, or surreptitious about a citizen stopping a police officer on the street to report criminal activity.\u201d State v. Ramey (1998), 129 Ohio App.3d 409, 416, 717 N.E.2d 1153.<\/p>\n<p>[*P16]  In the case before us, the citizen who flagged down Officer Rock to report what he suspected was criminal conduct was not \u201canonymous\u201d under the three classifications of informants. There is nothing in the record to suggest that the citizen would have refused to give his name if asked or that he attempted to conceal his identity in any way. Whether an informant is \u201canonymous\u201d depends on whether the informant himself took steps to maintain anonymity, not on whether the police had time to get his name. See Ramey, supra.<\/p><\/blockquote>\n<p>The defendant was speeding. The officer called in the license plate and found that the owner had a suspended license. The driver met the description of the owner. The stop was justified by the speeding. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/3\/2010\/2010-ohio-5943.pdf\">State v. Jenkins<\/a>, 2010 Ohio 5943, 2010 Ohio App. LEXIS 4999 (3d Dist. December 6, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4995\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-4995","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4995","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=4995"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4995\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4995"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4995"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4995"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}