{"id":5503,"date":"2011-12-21T13:22:54","date_gmt":"2011-05-01T10:46:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-05-01T10:46:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5503","title":{"rendered":"OH5: Stop of car not matching description was without reasonable suspicion"},"content":{"rendered":"

A \u201cshots fired\u201d report brought officers to the scene, and they got a report of shots fired from a newer four door car. Defendant\u2019s car was stopped, but it was not \u201cnewer\u201d and had two doors. The stop was without reasonable suspicion. State v. Hill<\/a>, 194 Ohio App. 3d 93, 2011 Ohio 2019, 954 N.E.2d 1252 (5th Dist. 2011).*<\/p>\n

After a traffic stop, the defendant made a furtive movement under the seat. He later said that he was looking for this DL; however, he retrieved it from a different place, and that heightened the officer\u2019s suspicion. Hardaway v. State<\/a>, 309 Ga. App. 432, 710 S.E.2d 634 (2011).*<\/p>\n

The officer was dispatched to a neighborhood dispute call and he encountered the defendant walking away. He called the defendant over to talk to him, and defendant had his hands in his pockets. The officer asked for permission to patdown and then to search, and the court credited the officer that it was consensual. Ware v. State<\/a>, 309 Ga. App. 426, 710 S.E.2d 627 (2011).*<\/p>\n

An officer was dispatched on a report of three men in a green Honda smoking dope. He drove up on them without lights and walked up to the window, seeing nobody smoking. One man got out of the car, and the officer could see a gun in plain view, and he then had reasonable suspicion. State v. Banks<\/a>, 64 So. 3d 386 (La. App. 5th Cir. 2011).*<\/p>\n

The video of defendant\u2019s driving showed her weaving so much she was driving on the wrong side of the road, so the stop was valid. State v. Schoenthal<\/a>, 2011 Tenn. Crim. App. LEXIS 294 (April 27, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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