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OH5: Officer could pin the defendant to his car when he made a sudden move to the back of the car that the officer did not expect

By John Wesley Hall, Jr.

Officer could pin the defendant to his car when he made a sudden move to the back of the car that the officer did not expect. Defendant did not overcome the presumption of regularity of findings of fact and conclusions of law drafted by the prosecutor. [Maybe so if the written findings don’t match the oral findings.] State v. Dell, 2009 Ohio 4897, 2009 Ohio App. LEXIS 4151 (5th Dist. September 16, 2009): [*P16] In his Second Assignment of Error, appellant contends the trial court's delegation to the prosecutor the task of submitting proposed findings of fact and conclusions of law on the suppression ruling was a violation of appellant's constitutional rights. We disagree. [*P17] Generally, "[a]n appellate court is guided by a presumption of regularity in the proceedings before a trial court...continue to full post

Full post as published by Fourth Amendment on September 21, 2009 (boomark / email).