OH8: Patdown for walking on the roadway was unreasonable; no fear of weapon

Defendant was stopped for walking on the roadway, and his patdown was unreasonable because there was no fear of weapons and defendant was completely cooperative. The state’s alternative argument that a patdown was needed before putting defendant in the police car was also rejected. State v. Baber, 2012 Ohio 3467, 2012 Ohio App. LEXIS 3045 (8th Dist. August 2, 2012).

The officer responded to a 911 call of an overdose, and he entered [with what appeared to be clear consent from defendant’s mother] to see what was going on, and defendant assaulted him. The separate crime against the officer is not suppressible because her assault is an intervening circumstance. State v. Hammer, 2012 Ohio 3497, 2012 Ohio App. LEXIS 3083 (2d Dist. August 3, 2012).*

The facts and circumstances showed reasonable suspicion for a stop and then probable cause for defendant’s arrest for OVI. City of Parma Heights v. Dedejczyk, 2012 Ohio 3458, 2012 Ohio App. LEXIS 3049 (8th Dist. August 2, 2012).*