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OH5: Curfew violation RS

By John Wesley Hall, Jr.

Curfew violation was reasonable suspicion. State v. Wise, 2010 Ohio 2040, 2010 Ohio App. LEXIS 1674 (5th Dist. May 6, 2010): [*P18] In the instant case, the officer saw a group of individuals who appeared to be young in age walking in the street rather than on the sidewalk at 1:15 a.m. He recognized one member of the group and knew that individual to be under the age of 18 and therefore out after curfew. When the group saw the officer, they began walking away at a fast pace. The officer had reasonable suspicion to stop the group and investigate further. The officer parked near defendant and walked up. The patrol car’s lights were not on. The interaction with defendant was consensual because he was not commanded to stop. State v...continue to full post

Full post as published by Fourth Amendment on May 12, 2010 (boomark / email).