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OH8: Touching defendant during stop made non consensual

By John Wesley Hall, Jr.

Officer's touching the defendant to attempt to restrain him amounts to a seizure. State v. Gross, 2009 Ohio 611, 2009 Ohio App. LEXIS 533 (8th Dist. February 12, 2009)*: {¶ 30} The testimony presented in this case demonstrated that, in fact, although Gross attempted to leave, Ramsey prevented him from doing so by “laying hands on him.” Franklin, supra. Subsequently, when Gross informed the officers that his identification was inside his bag, this did not amount to a “consent” to search. Locklear, ¶36, cf., State v. Hull, Ashtabula App. No. 2003-A-0068, 2005-Ohio-2526, ¶13. Defense counsel was not ineffective for not filing a motion to suppress that would have been denied because defendant committed a traffic violation by backing into traffic, and the stop was clearly justified...continue to full post

Full post as published by Fourth Amendment on February 13, 2009 (boomark / email).