{"id":65117,"date":"2026-10-29T13:47:25","date_gmt":"2026-10-29T18:47:25","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=65117"},"modified":"2026-10-29T15:47:46","modified_gmt":"2026-10-29T20:47:46","slug":"s-d-ohio-patdown-on-stop-for-fictitious-tags-was-reasonable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=65117","title":{"rendered":"S.D.Ohio: Patdown on stop for fictitious tags was reasonable"},"content":{"rendered":"\n<p>With probable cause, pretext for a stop doesn\u2019t matter. Fictitious tags justified a patdown. United States v. Smith, 2026 U.S. Dist. LEXIS 244649 (S.D. Ohio Oct. 26, 2026).<\/p>\n\n\n\n<p>Defendant was convicted of driving on a suspended license resulting in death and leaving the scene. The police had information that he communicated with others about the accident, and that supported a warrant for his phone. People v. Brown, 2026 Mich. App. LEXIS 9133 (Sep. 15, 2026).*<\/p>\n\n\n\n<p>\u201cAppellee&#8217;s case is a long way from the scenario feared by the Supreme Court. Here, there is no sign that O\ufb03cer Waters \u2018acted in bad faith or for the sole purpose of investigation.\u2019 Bertine, 479 U.S. at 372. Appellee was already under arrest for preexisting warrants, and his vehicle was left without anyone to drive it away. Thus, towing the vehicle to be impounded was the only realistic option. Thus, there was no pretext because Appellee&#8217;s vehicle was always going to be towed. An inventory search was inevitable.\u201d Taylor v. State, 2026 Tex. Crim. App. LEXIS 987 (Oct. 29, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>With probable cause, pretext for a stop doesn\u2019t matter. Fictitious tags justified a patdown. United States v. Smith, 2026 U.S. Dist. LEXIS 244649 (S.D. Ohio Oct. 26, 2026). Defendant was convicted of driving on a suspended license resulting in death &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=65117\">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":[5,39,38,4],"tags":[],"class_list":["post-65117","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-inventory","category-nexus","category-stop-and-frisk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65117","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=65117"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65117\/revisions"}],"predecessor-version":[{"id":65120,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65117\/revisions\/65120"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=65117"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=65117"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=65117"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}