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OH8: Innocuous movement in car was not "furtive"

By John Wesley Hall, Jr.

The movement in the backseat was not necessarily a furtive movement, and the trial court granted the motion to suppress. “Without a firm statement from the testifying officer that a hand-to-hand exchange occurred, the legal standard found in Pettegrew is not met. As this court found in Pettegrew, ‘because the action of the men is consistent with innocent behavior, we resolve this case in favor of [defendant’s] Fourth Amendment rights.’” Affirmed. State v. Toles, 2011 Ohio 217, 2011 Ohio App. LEXIS 164 (8th Dist. January 20, 2011).* An officer passed on information to a school principal that the defendant juvenile was dealing heroin. The principal’s search of the student was based on the school’s “zero tolerance policy” and not at the request of law enforcement and it was valid under T...continue to full post

Full post as published by Fourth Amendment on January 25, 2011 (boomark / email).