Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

OH: Extraterritorial stop by local officer did not violate Fourth Amendment

By John Wesley Hall, Jr.

A law-enforcement officer who personally observes a traffic violation while outside the officer’s statutory territorial jurisdiction has probable cause to make a traffic stop; the stop is not unreasonable under the Fourth Amendment under Virginia v. Moore. State v. Jones, 2009 Ohio 316, 2009 Ohio LEXIS 222 (February 4, 2009). Officer's false claim that he stopped people leaving defendant's house with drugs was not true, but he got defendant to consent claiming he'd get a warrant if he did not consent. The consent obtain by this deception was not invalid. State v. Kuegel, 2009 N.C. App. LEXIS 118 (February 3, 2009).* Knock-and-talk led to consent. State v. Boyd, 2009 Ohio 421, 2009 Ohio App. LEXIS 346 (2d Dist. January 30, 2009).* Defendant's driving gave reasonable suspicion for his stop for DUI...continue to full post

Full post as published by Fourth Amendment on February 09, 2009 (boomark / email).