OH12: Stop of bicyclist for no light produced arrest warrant; valid under Strieff

Defendant was stopped on his bicycle for no headlight, and that led to finding an arrest warrant for him. Under Strieff, the legality of the stop becomes almost irrelevant to the search incident for the arrest warrant as attenuated. State v. Stout, 2021-Ohio-1125, 2021 Ohio App. LEXIS 1141 (12th Dist. Apr. 5, 2021).

The police received a tip about defendant and drugs and the officer followed his car. The officer could smell raw marijuana probably coming from his car for that 5-6 minutes. Defendant doesn’t undermine the trial court’s credibility finding of the officer. State v. Alvaranga, 2021-Ohio-1130, 2021 Ohio App. LEXIS 1142 (3d Dist. Apr. 5, 2021).*

The government’s theories justifying defendant’s probation search weren’t briefed and are treated as waived. United States v. Bogard, 2021 U.S. Dist. LEXIS 65479 (D. Mont. Apr. 5, 2021).

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