\u201cMr. King challenges the foundation for the Terry stop, emphasizing that smoking marijuana in public and jaywalking are not arrestable offenses. True enough, but officers can issue tickets for both offenses. Cincinnati Mun.Code \u00a7 506-46 and 512-1; R.C. 3780.99(B). And while an individual may carry a firearm in Ohio under a variety of circumstances, carrying a gun while smoking marijuana gives rise to a reasonable concern that the individual might be using weapons while intoxicated in violation of R.C. 2923.15(A).\u201d State v. King, 2024-Ohio-5459 (1st Dist. Nov. 20, 2024).*<\/p>\n\n\n\n
Defendant\u2019s claim the officer unreasonably detained him by holding on to his parolee identification was rejected. His claim in his reply brief that the officer lacked probable cause for a search incident was waived by not raising it below and sooner. State v. Chism, 2024 Tenn. Crim. App. LEXIS 512 (Nov. 19, 2024).*<\/p>\n\n\n\n
Inventory can be an independent basis for a search. \u201cThe police department’s standard procedure dictates that an inventory search must be performed when police determine a vehicle must be towed, regardless of the reason for the initial call to the scene.\u201d Commonwealth v. Wilson, 2024 PA Super 278, 2024 Pa. Super. LEXIS 511 (Nov. 20, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cMr. King challenges the foundation for the Terry stop, emphasizing that smoking marijuana in public and jaywalking are not arrestable offenses. True enough, but officers can issue tickets for both offenses. Cincinnati Mun.Code \u00a7 506-46 and 512-1; R.C. 3780.99(B). And … Continue reading