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OH8: Frisk for driving scooter without license unjustified

By John Wesley Hall, Jr.

Defendant was stopped for driving a scooter without eye gear and a helmet. He was found to not have a license on him. A frisk was not justified. State v. Williams, 2011 Ohio 108, 2011 Ohio App. LEXIS 73 (8th Dist. January 13, 2011).* Read as a whole, the affidavit for the search warrant showed when the CI said she smoked dope with the defendant, so search warrant was not stale. Moss v. State, 2011 Ark. App. 14, 2011 Ark. App. LEXIS 27 (January 12, 2011).* Defendant was stopped for a “pedestrian violation” [jaywalking?], the validity of which was not at issue, and the officer at 5' from him could smell the overwhelming smell of marijuana. There was no reasonable expectation of privacy in the odor coming from his body. The stop was valid...continue to full post

Full post as published by Fourth Amendment on January 18, 2011 (boomark / email).