{"id":6768,"date":"2012-03-03T08:33:24","date_gmt":"2012-03-04T00:11:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-03T08:22:51","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6768","title":{"rendered":"OH2: Removal from car at gunpoint and handcuffing after furtive movements still not an arrest"},"content":{"rendered":"<p>The officer lacked reasonable suspicion for a stop in a high crime area, but the officer then saw that the license for the vehicle was expired. When defendant was stopped, he made furtive movements under the dashboard, and that justified the officer handcuffing him when defendant was removed from the vehicle. This was still not an arrest. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2012\/2012-ohio-847.pdf\">State v. Walker<\/a>, 2012 Ohio 847, 2012 Ohio App. LEXIS 739 (2d Dist. March 2, 2012):<\/p>\n<blockquote><p>{\u00b6 25} Considering the totality of the circumstances, the detective&#8217;s actions of drawing his gun and handcuffing Walker did not constitute an arrest. Given Walker&#8217;s frantic movements below the dashboard upon being stopped by the police, his failure to comply when ordered to show his hands, and their location in a high crime area, House took reasonable actions to ensure his safety while initiating an investigatory detention.<\/p><\/blockquote>\n<p>Officers responded to a shooting call at defendant\u2019s premises, and a cursory review of the premises revealed bags of marijuana. Even opening a closet door was not unreasonable. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2012\/2012-ohio-845.pdf\">State v. Smith<\/a>, 2012 Ohio 845, 2012 Ohio App. LEXIS 737 (2d Dist. March 2, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6768\">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-6768","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6768","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=6768"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6768\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6768"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6768"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6768"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}