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OH6: Arrest outside officer's territorial jurisdiction neither a constitutional violation nor suppressable

By John Wesley Hall, Jr.

Violation of state law on the territorial jurisdiction of officers has already been held not to be a constitutional violation since 1980, so defendant’s stop outside the officer’s jurisdiction was not subject to suppression. This is also consistent with Virginia v. Moore. State v. Jones, 2010 Ohio 1600, 2010 Ohio App. LEXIS 1332 (6th Dist. April 9, 2010).* The state’s efforts to have plaintiff’s child get a psychological test is not a Fourth Amendment claim. Gomez v. Noble County Children Servs., 2010 Ohio 1538, 2010 Ohio App. LEXIS 1287 (7th Dist. March 31, 2010).* Defendant was arrested for trespassing at a housing project in violation of “No Trespassing” signs, and that justified a search incident. This was not a Terry patdown...continue to full post

Full post as published by Fourth Amendment on April 11, 2010 (boomark / email).