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OH2: Stop of car was without RS driver had suspended DL; could have been somebody other than RO

By John Wesley Hall, Jr.

The stop of this car was based on the fact that the officer suspected that the registered owner’s license was suspended, but he had no reason to believe that the registered owner was driving, so the stop was unreasonable. State v. Leveck, 2011 Ohio 1135, 2011 Ohio App. LEXIS 968 (2d Dist. March 11, 2011)*: [*P16] On these facts, Gustwiller’s suspicion was not constitutionally sufficient —not because it was irrational, but because the record does not support a sufficient basis in the facts and the reasonable inferences drawn from those facts. Because the stop was not based on a reasonable and articulable suspicion of criminal activity, it was unlawful. Therefore any evidence obtained as a result of the stop must be excluded...continue to full post

Full post as published by Fourth Amendment on March 16, 2011 (boomark / email).