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OH2: Long weapons search of defendant's car during stop was unjustified

By John Wesley Hall, Jr.

Long protective search of defendant's car for weapons was not justified on these facts. In the closest comparable case in Ohio, that case depended on that defendant's history of violence toward the police. Here, there was no such factor, and there was nothing else to indicate that a weapon would be found. State v. Wilcox, 2008 Ohio 3856, 2008 Ohio App. LEXIS 3269 (2d Dist. August 1, 2008).* Defendant's standing at a crosswalk at 4 a.m. and watching the light change twice before crossing is not indicative of criminal activity. Defendant's stop thus lacked reasonable suspicion. State v. Cosby, 2008 Ohio 3862, 2008 Ohio App. LEXIS 3273 (2d Dist. August 1, 2008).* A nurse in a hospital called to tell the police a man was administered drugs and told not to drive and then he drove off under the influence of dilaudid...continue to full post

Full post as published by Fourth Amendment on August 04, 2008 (boomark / email).