{"id":59005,"date":"2024-10-04T08:39:56","date_gmt":"2024-10-04T13:39:56","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59005"},"modified":"2024-10-04T15:58:22","modified_gmt":"2024-10-04T20:58:22","slug":"oh1-suspicious-vehicle-report-didnt-justify-stop-when-it-drove-off-as-officers-were-looking-at-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59005","title":{"rendered":"OH1: &#8220;Suspicious vehicle&#8221; report didn&#8217;t justify stop when it drove off as officers were looking at it"},"content":{"rendered":"\n<p>Officers had a report of a suspicious vehicle on an apartment complex parking lot. They stopped and shined lights on it and looked. After about a minute, the vehicle drove off. The stop was without reasonable suspicion and was a felony level stop without justification. The trial court suppressed, and it\u2019s affirmed. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/1\/2024\/2024-Ohio-4770.pdf\">State v. Jackson<\/a>, 2024-Ohio-4770, 2024 Ohio App. LEXIS 3539 (1st Dist. Oct. 1, 2024).<\/p>\n\n\n\n<p>Defense counsel\u2019s advice to not pursue an \u201cuncertain\u201d motion to suppress in exchange for the government dropping a five year consecutive count for a plea was not unreasonable strategic advice. United States v. Dumay, 2024 U.S. Dist. LEXIS 180184 (D.N.J. Oct. 2, 2024).*<\/p>\n\n\n\n<p>There was probable cause for defendant\u2019s arrest by the time his car was towed. The subjective intent of the officers alleged to be a bogus inventory is unavailing here. Then they got a search warrant. State v. Walls, 2024 Mo. App. LEXIS 711 (Oct. 1, 2024).*<\/p>\n\n\n\n<p>There was probable cause for issuance of the search warrant so defense counsel wasn\u2019t ineffective for not challenging it. State v. Reber, 2024 N.C. App. LEXIS 756 (Oct. 1, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers had a report of a suspicious vehicle on an apartment complex parking lot. They stopped and shined lights on it and looked. After about a minute, the vehicle drove off. The stop was without reasonable suspicion and was a &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59005\">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":[50,23,35],"tags":[],"class_list":["post-59005","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-ineffective-assistance","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59005","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=59005"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59005\/revisions"}],"predecessor-version":[{"id":59007,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59005\/revisions\/59007"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59005"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59005"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59005"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}