OH8: Traffic offense overcomes pretext claim

An actual traffic offense overcomes defense claims the stop was actually a motive for searching for drugs. Defendant didn’t produce current proof of insurance, and that led to extension of the stop. The officer wasn’t just obliged to have noted on the ticket that insurance wasn’t provided. State v. Newman, 2021-Ohio-197, 2021 Ohio App. LEXIS 198 (5th Dist. Jan. 27, 2021).

Defendants arrested an Al-Jazeera TV crew covering the Ferguson protests, and they sued claiming First and Fourth Amendment violations. On the defense motion for summary judgment, the district court said the case should go to trial. The plaintiffs’ video of the events preceding the arrest was enough to show that summary judgment should be denied because there might not be probable cause for arrest. The defense relies on the reasonable officer standard, but it doesn’t overcome the showing of a question for trial. Quraishi v. St. Charles County, 2021 U.S. App. LEXIS 2379 (8th Cir. Jan. 28, 2021).*

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