• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Ohio Court of Appeals Ruling

C

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
imported post

From Ohio vs Holly (June 2009):

[align=left]...A person may not be detained, even momentarily, without reasonable, objective grounds to do so. State v. Robinette (1997), 80 Ohio St.3d 234, 240, citing Florida v. Royer (1983), 460 U.S. 491, 497-498, 103 S.Ct. 1319, 75 L.Ed.2d 229...[/align]
[align=left]...Despite the State’s argument that Holly was stopped because the police had a reasonable suspicion that he was engaged in drug activity, Detective Mitchell’s testimony was clear: the only reason Holly was stopped was to determine his identity. In America, however, the police may not stop an individual for the sole purpose of compelling him to identify himself...[/align]
[align=left]It might be kinda handy to check out that cited case, Florida vs Royer.[/align]
 
B

Bustelo5%

Regular Member
Joined
Apr 22, 2009
Messages
474
Location
kent, Ohio, USA
imported post

Wow this is surprising Go Ohio, I live in Kent and get pulled over just about everynight for having a crappy looking car and somehow this is reasonable suspicion hummmmm. But at least this is Ohio and not Philly
 
B

Bustelo5%

Regular Member
Joined
Apr 22, 2009
Messages
474
Location
kent, Ohio, USA
imported post

Hey thanks Citizen,Bravo Tengo Whiskey how is Farifax I was going to go back and visit I havent been there in 11 years since my fam was stationed at Ft Belvoir. Is Farifax pretty OC friendly?
 
C

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
imported post

Bustelo5% wrote:
Hey thanks Citizen,Bravo Tengo Whiskey how is Farifax I was going to go back and visit I havent been there in 11 years since my fam was stationed at Ft Belvoir. Is Farifax pretty OC friendly?
Click to expand...
In Fairfax County the police are aware that OC alone is not grounds for a Terry Stop.

This probably applies to most NoVA jurisdictions. Its been about year since the last trouble with police in NoVA.

Even so, I never go inpublic without a voice-recorder. You just never know if there is a anti-gun cop who wants to make trouble, or an anti-gunner making a false report to 911.
 
C

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
imported post

Bustelo5% wrote:
Wow this is surprising Go Ohio, I live in Kent and get pulled over just about everynight for having a crappy looking car and somehow this is reasonable suspicion hummmmm. But at least this is Ohio and not Philly
Click to expand...
I don't know that the cited cases apply to traffic stops. I don't know that they don't, either.

Why not start making formal complaints?
 
B

Bustelo5%

Regular Member
Joined
Apr 22, 2009
Messages
474
Location
kent, Ohio, USA
imported post

Yeah your completly right,I want to figure out how to make a web site like the Massachusetts site where you have an account and you can record convos through your phone. A website for everyone,my friend has a server so storage isnot a prob,hummm this has got me thinking.
Kent PD is alright when it comes to armed citizens which is pretty cool since Kent people are off their trees but as the old army rule for PT which my Dad made me go to,if your not 30 mins ahead your 30 mins late.Better recorded than not.

I heard something about DC can you open carry there I thought that a couple of months ago they got freedom again?
 
B

Bustelo5%

Regular Member
Joined
Apr 22, 2009
Messages
474
Location
kent, Ohio, USA
imported post

Well I spoke to the nighttime SGT since I knew a complaint wasnot going to do anything.
Does the Aclu or someone else have an emergancy appointed attorney number? I guess what I am asking is there any state wide numbers you can call to have an attorney appointed to you.
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

Citizen wrote:
From Ohio vs Holly (June 2009):


[align=left]...A person may not be detained, even momentarily, without reasonable, objective grounds to do so. State v. Robinette (1997), 80 Ohio St.3d 234, 240, citing Florida v. Royer (1983), 460 U.S. 491, 497-498, 103 S.Ct. 1319, 75 L.Ed.2d 229...[/align]

[align=left]...Despite the State’s argument that Holly was stopped because the police had a reasonable suspicion that he was engaged in drug activity, Detective Mitchell’s testimony was clear: the only reason Holly was stopped was to determine his identity. In America, however, the police may not stop an individual for the sole purpose of compelling him to identify himself...[/align]

[align=left]It might be kinda handy to check out that cited case, Florida vs Royer.[/align]
Click to expand...
And thids is why we suggest folks detained for mere open carry contact a lawyer and bring suit for damages - the police action is illegal every time, provided there was no reasonble articulable suspicion of crime afoot. Some lawyers will take these cases on contingency (where the lawyer takes a percentage of the damage award).
 
G

GoldCoaster

Regular Member
Joined
Jun 24, 2008
Messages
646
Location
Stratford, Connecticut, USA
imported post

After reading that I'm guessing the detective won't make that kind of testimony again "I just wanted to identify the individual" and will stick with whatever RAS story he can use.

I wonder if he got his reefer and piece back?!?!
 
You must log in or register to reply here.
Top