{"id":7372,"date":"2012-10-02T13:09:17","date_gmt":"2012-07-01T09:18:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-01T09:18:09","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7372","title":{"rendered":"OH5: Reasonable mistake of fact that a wanted person was in the car justified stop"},"content":{"rendered":"<p>Officer\u2019s reasonable mistake of fact that a passenger in defendant\u2019s car had a warrant out for him made the stop reasonable and with good faith. The trial court\u2019s finding of reasonableness is supported by the record. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2012\/2012-ohio-2902.pdf\">State v. Butler<\/a>, 2012 Ohio 2902, 2012 Ohio App. LEXIS 2544 (5th Dist. June 22, 2012):<\/p>\n<blockquote><p>[*P46]  The United States Supreme Court has held that a police officer&#8217;s mistake of fact will not lead to the suppression of evidence where the mistake was &#8220;understandable&#8221; and a reasonable response to the situation facing the police officer. Hill v. California, 401 U.S. 797, 804, 91 S.Ct.1106, 28 L.Ed.2d 484 (1971). Here, the trial court&#8217;s finding that Doty&#8217;s misidentification was reasonable is supported by competent, credible evidence in the record: &#8230;<\/p><\/blockquote>\n<p>The state had the burden of proving that the consent to frisk occurred during an \u201cunavoidable lull\u201d in a stop when dispatch was queried for wants or warrants. <a href=\"http:\/\/courts.oregon.gov\/Publications\/A145087.pdf\">State v. Dennis<\/a>, 250 Ore. App. 732, 282 P.3d 955 (2012).*<\/p>\n<p>Defendant discarded the cocaine he was indicted for when he was approached by officers, so his attorney was not ineffective for not moving to suppress. United States v. Calhoun, 2012 U.S. Dist. LEXIS 90110 (E.D. Pa. June 28, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7372\">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-7372","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7372","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=7372"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7372\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7372"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7372"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7372"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}