{"id":27263,"date":"2017-05-23T12:52:46","date_gmt":"2017-05-23T17:52:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=27263"},"modified":"2017-05-23T12:52:46","modified_gmt":"2017-05-23T17:52:46","slug":"oh2-nothing-about-def-or-her-driving-suggested-she-was-under-the-influence-pbt-suppressed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=27263","title":{"rendered":"OH2: Nothing about def or her driving suggested she was under the influence; PBT suppressed"},"content":{"rendered":"<p>There was no reasonable suspicion for defendant\u2019s stop: defendant had not admitted to drinking on the evening of the stop, that her traffic violation had been de minimis, that her speech was not impaired, that neither defendant&#8217;s movement when she exited the car nor her demeanor indicated any impairment, that there had been no complaints from third parties about her driving, and that it was not particularly late at the time of the traffic stop. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2017\/2017-Ohio-2884.pdf\">State v. Nelson<\/a>, 2017-Ohio-2884, 2017 Ohio App. LEXIS 1937 (2d Dist. May 19, 2017).<\/p>\n<p>Defendant\u2019s voluntary plea waived his Fourth Amendment claim. United States v. Smith, 2017 U.S. Dist. LEXIS 76267 (E.D. La. May 19, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There was no reasonable suspicion for defendant\u2019s stop: defendant had not admitted to drinking on the evening of the stop, that her traffic violation had been de minimis, that her speech was not impaired, that neither defendant&#8217;s movement when she &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=27263\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[],"class_list":["post-27263","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27263","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=27263"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27263\/revisions"}],"predecessor-version":[{"id":27264,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27263\/revisions\/27264"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=27263"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=27263"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=27263"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}