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OH10: Jaywalking supports SI

By John Wesley Hall, Jr.

Jaywalking arrest, even as a minor misdemeanor, justified a search incident. State v. Spain, 2009 Ohio 6664, 2009 Ohio App. LEXIS 5570 (10th Dist. December 17, 2009).* In a Ybarra-type bar raid, defendant, along with all the other patrons, consented to a search of his person even though there was no reasonable suspicion as to him. State v. Carpenter, 2009 Ohio 6614, 2009 Ohio App. LEXIS 5552 (9th Dist. December 16, 2009)* (Apparently they were all free to leave? I don't see it.). Officer’s testimony as to cause of stop was sufficient to find reasonable suspicion for the stop as a matter of law, and the trial court erred in granting the motion to suppress. State v. Gustafson, 2009 Iowa App. LEXIS 1650 (December 17, 2009).* Evidence was in equipose on the question of credibility of the witnesses for justification for defendant’s stop, and the trial court’s finding that the state failed to meet its burden of proof was affirmed...continue to full post

Full post as published by Fourth Amendment on December 21, 2009 (boomark / email).