OH5: Trial court erred in holding def couldn’t be ordered out of car without RS

The trial court erred in holding that the state trooper had no reason to order defendant out of her car, and the inquiry stopped there. Under Mimms, however, it’s entirely under the officer’s discretion. When he stopped her, her pants were undone which he took as a sign she had just attempted to hide something. When she got of the car, he could see a hard object in her pocket, and she refused a search without a female officer to do it, so he took her to jail. Reversed for reconsideration of the legality of the rest of the stop. State v. Dorsey, 2019-Ohio-3478, 2019 Ohio App. LEXIS 3549 (5th Dist. Aug. 21, 2019).

The CI provided not only information that that defendant had pictures of unclothed underage girls on his computer, but he also provided names of who several were. That was probable cause. State v. Tollis, 2019 Tenn. Crim. App. LEXIS 528 (Aug. 29, 2019).*

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