{"id":57264,"date":"2024-03-08T16:41:09","date_gmt":"2024-03-08T21:41:09","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57264"},"modified":"2024-03-08T16:41:09","modified_gmt":"2024-03-08T21:41:09","slug":"oh5-officers-writing-wrong-statute-number-on-ticket-was-a-reasonable-mistake-of-law","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=57264","title":{"rendered":"OH5: Officer&#8217;s writing wrong statute number on ticket was a reasonable mistake of law"},"content":{"rendered":"\n<p>Defendant\u2019s stop for a loud muffler was reasonable. His claim that it wasn\u2019t loud on the bodycam is rejected. Another alleged offense cited the wrong statute. That\u2019s a reasonable mistake of law. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/5\/2024\/2024-Ohio-811.pdf\">State v. Braucher<\/a>, 2024-Ohio-811, 2024 Ohio App. LEXIS 752 (5th Dist. Mar. 7, 2024).<\/p>\n\n\n\n<p>Defendant was around Washington DC and posted that he had a detonator in his van. The stop and search of his car was reasonable and with probable cause. United States v. Taranto, 2024 U.S. Dist. LEXIS 38859 (D.D.C. Mar. 6, 2024).*<\/p>\n\n\n\n<p>Officers responding to a shooting call saw a firearm in the yard. It could be seized because of exigency. Also, the area wasn\u2019t curtilage: \u201c[E]ven assuming the firearm was seized prior to the issuance of the warrant, there would be no Fourth Amendment violation because the narrow passage between the building and a neighboring property did not constitute the curtilage of the first-floor apartment.\u201d United States v. Moye, 2024 U.S. Dist. LEXIS 39614 (M.D. Pa. Mar. 6, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s stop for a loud muffler was reasonable. His claim that it wasn\u2019t loud on the bodycam is rejected. Another alleged offense cited the wrong statute. That\u2019s a reasonable mistake of law. State v. Braucher, 2024-Ohio-811, 2024 Ohio App. LEXIS &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=57264\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,51,20,63],"tags":[],"class_list":["post-57264","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-plain-view","category-probable-cause","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57264","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=57264"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57264\/revisions"}],"predecessor-version":[{"id":57265,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57264\/revisions\/57265"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57264"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57264"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57264"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}