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OH10: Jaywalking detention was unreasonable; consent suppressed

By John Wesley Hall, Jr.

Defendant was stopped and detained for jaywalking and was asked for consent. The consent was the product of an illegal detention when he would not have felt free to leave, and his search violated the Fourth Amendment. State v. Spain, 2011 Ohio 322, 2011 Ohio App. LEXIS 296 (10th Dist. January 27, 2011).* Defendant’s admission that there was a marijuana pipe in the car justified a search under the automobile exception. The state’s reliance also on the search incident doctrine was misplaced because the search occurred before arrest. State v. Runyon, 2011 Ohio 263, 2011 Ohio App. LEXIS 218 (12th Dist. January 24, 2011).* Defendant’s indecisive and erratic driving and smell of alcohol when stopped justified arrest for DUI. State v...continue to full post

Full post as published by Fourth Amendment on January 30, 2011 (boomark / email).