Can an Equipment Violation be Used to Conduct a Pre-Textual Traffic Stop?
Not according to the Eighth District. Would the Supreme Court of Ohio Agree? Th [...]
May Law Enforcement Lawfully Pat Down a Suspect who has a Firearms Bulge in His Waistband?
We further hold that Officer Hoffbauer’s observation of the gun-like bulge in T [...]
Can Officers Fire a Total of Fourteen Rounds at a Suspect Holding a Firearm, to Include Eight Shots to His Back and Still be Objectively Reasonable?
[T]he key question for courts to ask isn’t how many times an officer may pull t [...]
Are Two Suspects who Flee from a Vehicle at the Arrival of a Police Officer at 2 a.m. Suspicious?
Not according to one federal circuit court. District of Columbia v. R.W. 608 [...]
When a Suspect Flees from a Traffic Stop who Extended the Stop? The Officer or the Suspect?
According to a Montgomery County Trial Court Judge it was the Officer. Not Acco [...]
If a Suspect is Handcuffed Does that Mean He is Under Arrest?
Based on Lieutenant #1’s comments, we find that Lieutenant #1’s handcuffing of [...]
When a Suspect is Carrying a Concealed Pocketknife at 3 a.m. Must Law Enforcement Establish the Suspect was Armed … or Armed and Dangerous to Conduct a Pat-Down?
Although Officer #1 became aware that Mr. Dyson had a pocketknife in his back p [...]
Can Police Lawfully Detain a Bystander in a High-Crime Area Based on a Minor Violation Nearby?
[I]nnocent bystanders may be temporarily detained where necessary to secure the [...]
Does a Pending Negligent Assault Misdemeanor Charge Disqualify an Adult from Carrying a Concealed Handgun?
(1) We ask whether “the Second Amendment’s plain text covers an individual’s co [...]
Can an Officer Search Incident to Arrest Following Warrant Verification But Prior to Confirming the Suspect is Within the Pick-Up Radius?
This court is unaware of any authority that requires the police officer to dete [...]