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reasonable suspicion Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "reasonable suspicion" (Page 2)

Reasonable Articulable Suspicion & Illegal Police Stops

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which  includes being unlawfully or illegally pulled over or stopped by law enforcement.  An officer cannot simply pull you over based on a hunch or intuition.  When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation.  State v. Brickman (2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575.  The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the...

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Reasonable & Articulable Suspicion

One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conduct standardized field sobriety testing.  The officer is trained to arrive at this “decision point” by conducting an interview and using specific “pre-exit interview techniques” which include asking for two things simultaneously; asking interrupting or distracting questions; and asking unusual questions. (NHTSA Student Manual VI-4).  Additional techniques which an officer may employ include and Alphabet test (begin with E and end with P); a Countdown test (count out loud backward starting with 68 and ending...

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Driving Too Slow Not Sufficient for a Stop!

Image via WikipediaIn State v. Bacher, 170 Ohio App.3d 457, 867 N.E.2d 864 (2007), an officer pulled over a suspect because he was driving 23 miles per hour below the posted speed limit of 65 miles per hour.  Upon speaking to the driver, the officer noticed a strong odor of alcoholic beverage, pulled him from the car and subsequently arrested him for OVI.  The trial court reasoned that the stop was an "investigative stop" and overruled the defendant's motion to dismiss.Upon appeal, the appellate court reversed the ruling of the trial court, holding that a stop is...

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Standardized Field Sobriety Tests: Validity

WHEN ARE THE STANDARDIZED FIELD TESTS VALID? The standardized field sobriety tests, as set forth in the National Highway Traffic Safety Administration Student Manual (Feb. 2006 ed.), are described in Session VIII.  The NHTSA manual provides the standards upon which every law enforcement officer is trained.  One important piece of information about standardization is included in the manual which may help the DUI practitioner provide context to a jury.Perhaps the most important statement about standardization can be found at VIII-19 which states: IT IS NECESSARY TO EMPHASIZE THIS VALIDATION APPLIES ONLY WHEN:THE TESTS ARE ADMINISTERED IN THE PRESCRIBED STANDARDIZED MANNER THE STANDARDIZED CLUES...

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Dayton OVI Sobriety Checkpoint Update: July 17, 2010

I have checked with all of our regular sources and there appears to be no sobriety checkpoints scheduled tonight in the Miami Valley.  There will be two checkpoints tonight in Cincinnati.  The first will be from 9-11 pm, on North Bend Road.  The second OVI checkpoint will be from midnight until 2 am on Colerain near Blue Spruce.  The Clermont County checkpoint will be on Rt. 52 near mile marker 7 (in Neville) from 4-8pm.  The underlying theory of OVI checkpoints is not to arrest drunk drivers but to instill fear of arrest in the law-abiding public.  By advertising these...

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Ohio DUI Law: Geneva v. Fende (reasonable articulable suspicion, probable cause)

Geneva v. Fende, 2009-Ohio-6380, 2009-A-0023 (OHCA11)Criminal Appeal from the Ashtabula County Court, Western Division, Case No. 2008 TRC 2112. Lauren A. Gardner, City of Geneva Law Director, For Plaintiff-Appellant. Daniel J. Kolick and Michael T. Schroth, Kolick & Kondzer, For Defendant-Appellee. OPINIONCYNTHIA WESTCOTT RICE, J.{¶1} Appellant, the city of Geneva, appeals the judgment of the Ashtabula County Court, Western Division, granting appellee Nicole M.Fende's motion to suppress. At issue is whether police had reasonable suspicion to subject her to an investigative stop. Because we hold appellee's stop was not warranted, we affirm.{¶2} Appellee was charged in the trial court with operating a motor...

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Kettering DUI; Probable Cause vs. Reasonable Articulable Suspicion

I recently encountered a factual question in a case in the Kettering Municipal Court involving the reason that the officer stopped my client.  Below is the case law which sets forth the two standards used to justify a traffic stop in Ohio. Visit www.KetteringDUI.com for information about the Kettering Municipal Court. In State v. Moore, 2008-Ohio-2407, the 3rd District Court of Appeals reversed course on its prior decision in State v. Phillips, 2006-Ohio-6338and held that an officer had reasonable articulable suspicion to initiate a traffic stop when the Defendant's vehicle drifted approximately 1/2 a car width over the fog line and off the road...

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