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  1. #1
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    Oct 2009
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    Default "Suspicious Behavior" Search and Detainment in Ohio

    My question involves search and seizure law in the State of: Ohio

    Last night I was in a car driving to a party at a house we had never been to before. I was turned around talking to the passengers in the backseat when we abruptly discovered the street we were looking for and made a sharp turn. We were immediately pulled over and, before they even informed us as to why we were pulled over, a K-9 unit searched the car.

    Three paraphernalia charges were distributed, one person got 2, and the other got 1. My questions are: what kind of sentence are they looking at and was this an unlawful search?

    The police said we looked suspicious because I was turned around and we made a sharp turn (as if to get away from the cops) but in all honesty I had no idea they were even in the area until I saw the lights.

    All help is much appreciated

  2. #2
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    Sep 2009
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    Default Re: "Suspicious Behavior" Search and Detainment in Ohio

    IF the stop was valid, yes they can walk Lassie around your car. If Lassie then indicates on your car, your goose is cooked.

    The paraphernalia charges are likely a hefty fine, someone else here will know. In IL it's up to $750 per piece.

    Did you signal your turn?

  3. #3
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    Default Re: "Suspicious Behavior" Search and Detainment in Ohio

    Have you seen the police report? I expect that it plays up the "sharp turn" as a basis for the stop.

  4. #4
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    Default Re: "Suspicious Behavior" Search and Detainment in Ohio

    Quote Quoting chelseat
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    Three paraphernalia charges were distributed, one person got 2, and the other got 1. My questions are: what kind of sentence are they looking at and was this an unlawful search?

    The police said we looked suspicious because I was turned around and we made a sharp turn (as if to get away from the cops) but in all honesty I had no idea they were even in the area until I saw the lights.

    All help is much appreciated
    The basis for the stop seems to be an improper turn.

    Was a dog on the scene or was it called in?

    Under Ohio's constitution, the police can not detain you to bring in a drug dog unless they can point to specific and articulable reasons to do so.

    They simply can't say "you are waiting here until the dog arrives", period!

  5. #5
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    Oct 2009
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    Default Re: "Suspicious Behavior" Search and Detainment in Ohio

    Yes, our turn was signaled, and it really wasn't a bad turn it was just very sudden.

    They were not arrested, only given citations so we have not yet seen the police report.

    And no, the K-9 unit came minutes after we were stopped but, as I said, we had no idea why we were even pulled over before the dog walked the car. We asked the K-9 officer and he had no idea either, I just think it's ridiculous that they can just search the car when there is really no probable evidence of drugs in it. We don't smoke in the car so it didn't smell at all or anything.

  6. #6
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    Default Re: "Suspicious Behavior" Search and Detainment in Ohio

    Quote Quoting chelseat
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    And no, the K-9 unit came minutes after we were stopped but, as I said, we had no idea why we were even pulled over before the dog walked the car. We asked the K-9 officer and he had no idea either, I just think it's ridiculous that they can just search the car when there is really no probable evidence of drugs in it. We don't smoke in the car so it didn't smell at all or anything.
    No reason need be given for a dog walk.

    They CAN'T search a car for NO reason. IF the dog "hit" on the car, it will give rise to PC to search.

    If you plead not guilty and request a trial, the officer, upon question, will have to articulate his cause to search.

    Ohio, as a most basic rule, mirrors the federal constitution as far as search and seizure is concerned.

    One example, if an officer believes the detainee may have a weapon in the lunge area of a vehicle, (progeny of Terry v. Ohio/pat down/frisk) he may search there, no PC is necessary. IF during this search, contraband was found, it is admissable.

  7. #7
    Join Date
    Oct 2009
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    Default Re: "Suspicious Behavior" Search and Detainment in Ohio

    Thank you for responding.

    I didn't think they could just run a dog on the car without any reason to believe that there are drugs in it. We didn't find out why we were pulled over until after the citations were given out, so that's a damn drag for the two that got citations.

  8. #8
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    Aug 2007
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    Default Re: "Suspicious Behavior" Search and Detainment in Ohio

    Quote Quoting chelseat
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    Thank you for responding.

    I didn't think they could just run a dog on the car without any reason to believe that there are drugs in it.
    You are welcome.

    A dog sniff of the exterior of the car is NOT a search under the 4th AM, therefore NO reason is needed. The AIR around it is NOT protected.

  9. #9
    Join Date
    Sep 2009
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    337

    Default Re: "Suspicious Behavior" Search and Detainment in Ohio

    Anyone know what Ohio trafic law is regarding turning? Do you have to signal for X amount of feet prior to the turn? Just curious if the stop was valid. If the stop is invalid, bye,bye, evidence.

  10. #10
    Join Date
    Aug 2006
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    Default Re: "Suspicious Behavior" Search and Detainment in Ohio

    Quote Quoting BOR
    View Post
    You are welcome.

    A dog sniff of the exterior of the car is NOT a search under the 4th AM, therefore NO reason is needed. The AIR around it is NOT protected.
    so sparky can smell the scooby doobie in the air around the car? right through the car? not by putting his snout in an open door and taking a whiff?

    thats Amazing.

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