OH8: Graham v. Connor reasonableness standard applied where police are charged with assault on civilians

Defendant was a Cleveland PD officer convicted of misdemeanor assault on a civilian by putting his hands around the throat of an arrestee. Even under the Garner standard for Fourth Amendment reasonableness, the evidence was sufficient to support the verdict. City of Cleveland v. Graham, 2024-Ohio-336, 2024 Ohio App. LEXIS 327 (8th Dist. Feb. 1, 2024).

In defendant’s 2255, he didn’t challenge the search, but it’s notable that data derived from (a) the “infotainment system” of his Lincoln put the vehicle at a place that linked him to the crime, and (b) data from the money counter revealed how often and much currency was counted. Wilson v. United States, 2024 U.S. Dist. LEXIS 16911 (E.D. Mo. Jan. 31, 2024).*

Defendant argues that the state probation search statute is ambiguous and should be interpreted to not permit the search here. Looking to the legislative history, the court agrees that there is some ambiguity, but history shows that home searches have always been permitted. State v. Young, 2024 Del. Super. LEXIS 68 (Jan. 31, 2024).*

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