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Criminal Law

: Fourth Amendment

SD: Citizen's arrest by student security for public urination was valid

By John Wesley Hall, Jr.

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Student security persons had citizen arrest power over the “public offense” of public urination without violating the Fourth Amendment. State v. Ludemann, 2010 SD 9 (February 3, 2010).* Defendant’s stop was justified by a traffic offense, but he was completely uncooperative in identifying himself, and the stop was in a high crime area. His uncooperativeness justified putting him in the back of a police car. The stop was not unreasonably extended to bring in a drug dog. State v. McClellan, 2010 Ohio 314, 2010 Ohio App. LEXIS 266 (3d Dist. February 1, 2010).* Officer’s approaching defendant to ask questions and defendant volunteering he likely had a warrant out on him was not a seizure. Search incident to arrest was valid...continue to full post

Full post as published by Fourth Amendment on February 06, 2010 (boomark / email).

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