Investigative Detention

If Law Enforcement Incorrectly Determines that Probable Cause was Not Established Can an Appellate Court Later Determine that There was Probable Cause and Admit the Evidence?

By Admin|2023-03-26T20:26:23-04:00March 27th, 2023|Consensual Encounter, First District Appellate Court of Ohio, Investigative Detention, Plain View|

Yes! Taken together, these facts established a "fair probability" that the car [...]

Is Knocking on an Occupied Vehicle’s Window a ‘Physical Trespass’ that Requires Reasonable Suspicion?

By Admin|2023-03-27T09:49:55-04:00March 24th, 2023|Consensual Encounter, First District Appellate Court of Ohio, Investigative Detention, Plain View|

No! Contrary to Mr. Collins’s argument that his encounter with Officer Condon w [...]

Mr. Rogers Helps Everyone Learn About Terry Stops in His High Crime Neighborhood

By Admin|2023-02-06T20:40:09-05:00February 6th, 2023|First District Appellate Court of Ohio, Investigative Detention, Pat Down|

Mr. Rogers acknowledges that a bulge in a suspect’s clothing is a fact that can [...]

Can a Person ‘Trespass’ on Government Property?

By Admin|2023-01-10T16:47:29-05:00January 2nd, 2023|Investigative Detention, Laws of Arrest, Twelfth District Appellate Court of Ohio|

YES! And it would be a reasonably prudent assumption by anyone that a governmen [...]

How Long Can an Officer Extend a Traffic Stop for a Canine Sniff?

By Admin|2022-09-23T14:25:17-04:00September 26th, 2022|Canine, Fifth District Appellate Court of Ohio, Investigative Detention|

[T]he pertinent question is not whether the dog sniff occurs before or after th [...]

May an Officer Extend a Traffic Stop Upon Seeing the Driver is a Different Race and Sex from what Vehicle Registration Displays?

By Admin|2022-09-22T18:18:07-04:00September 23rd, 2022|Investigative Detention, Seventh District Appellate Court of Ohio, Traffic Stops|

No! As we have determined that the extension of the stop was improper once the [...]

Is it Reasonable for an Officer to Stop a Vehicle for a Traffic Violation Witnessed by Another Officer?

By Admin|2022-08-28T22:15:17-04:00August 29th, 2022|Investigative Detention, Probable Cause, Traffic Stops|

Yes! [A]lthough Tr. Dowler himself did not witness Mr. Hall commit any traffic [...]

Kandale Initially Complied when Stopped but Quickly Fled and Crashed – Were Either of His Detentions Reasonable?

By Admin|2022-08-22T15:26:45-04:00August 22nd, 2022|Investigative Detention, Reasonable Suspicion, Third District Appellate Court of Ohio, Traffic Stops|

Thus, the initial stop was nothing more than a temporary stop and that Mr. Harr [...]

Ohio’s Fifth District Appellate Court Goes Full Speed Astern on Waiting for a Canine

By Admin|2023-03-19T14:43:16-04:00August 19th, 2022|Canine, Investigative Detention, Marijuana, Pat Down, Reasonable Suspicion|

Officer #1 acted unreasonably and without diligence by stalling for two minutes [...]

Can the Odor of Marijuana Still be Used to Detain a Suspect?

By Admin|2022-08-11T21:19:38-04:00August 15th, 2022|Investigative Detention, Marijuana, Pat Down, Reasonable Suspicion|

Yes! Nor is it compelling that the marijuana odor could have been a legal subst [...]