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Criminal Law

: Fourth Amendment

OH8: Ordinary citizen report is not treated the same as a CI

By John Wesley Hall, Jr.

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An unidentified citizen’s report of a man with a gun in his waistband apparently casing a gas station to rob it was sufficient to stop and frisk him. The officer went to the gas station within a minute of the report and found the defendant who he had assume the position, finding the gun. The stop and frisk was reasonable. A citizen complaint is different that an anonymous report. State v. Cisternino, 2010 Ohio 6027, 2010 Ohio App. LEXIS 5056 (8th Dist. December 9, 2010)*: [*P15] We disagree with Cisternino, and instead find, as did the Weisner court, that an ordinary citizen informant who does not happen to give a name should not be treated like an anonymous informant. See State v. Jordan, Montgomery App. No. 18600, 2001 Ohio 1630, citing Weisner...continue to full post

Full post as published by Fourth Amendment on December 18, 2010 (boomark / email).

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