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OH6: The fact defendant was acquitted for the underlying traffic offense is meaningless if there was PC

By John Wesley Hall, Jr.

The question at the time of arrest is probable cause, not convictability. The fact defendant was acquitted on the underlying traffic offense does not mean that there was no probable cause. State v. Zervos, 2010 Ohio 1998, 2010 Ohio App. LEXIS 1663 (6th Dist. May 7, 2010). The continuation of defendant's stop was not consensual, and the officers said so. Also, the CI was not corroborated, so there was no probable cause. State v. McCord, 2010 Ohio 1979, 2010 Ohio App. LEXIS 1637 (8th Dist. May 6, 2010) [*P12] In the case before us, the stop was not consensual. At the suppression hearing, Officer Taylor testified that although the Hummer was not "pinned" in, there was no question the occupants of the car were not free to leave. Where it is not a consensual encounter, the Fourth Amendment requires that the officers possess a reasonable and articulable suspicion that criminal activity is occurring...continue to full post

Full post as published by Fourth Amendment on May 10, 2010 (boomark / email).