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  • Ohio Supreme Court Ruling

    Officer Who Personally Observes Traffic Violation Has Probable Cause for Stop Outside His Jurisdiction.

    Thoughts?

    http://www.sconet.state.oh.us/Commun...310_072311.asp

  • #2
    suprised, but glad to see it

    Comment


    • #3
      Surprised as well.
      The views/opinions expressed here are solely mine. I'm retired and I don't care. I truly do not want to offend anyone, but if you are thin skinned and have no sense of humor, you better find another line of work. Therefore, I don't have to be politically correct and I will exercise my freedom of speech, until it's taken away. May God bless all retirees. We've done our duty and earned our peace.

      Comment


      • #4
        I had a guy show me that headline with anticipation that he would be able to do anything he wanted anywhere he wanted as long as he witnessed a violation.

        ...so I downloaded the decision and reviewed it.


        The headline is accurate..but misleading.

        I'll try to make this very short. Officer sees a vehicle outside his jurisdiction commit a violation. Officer stops said vehicle and recovers concealed weapons and subsequently arrests driver and passenger. Driver and passenger claim that because of 2935.03 A) 1) the stop was illegal and therefore the search was illegal and all the evidence should be supressed.

        The Court pointed out that if they want to invoke the protections of the Fourth Amendment, they had to go by the rules of the 4th and not the state's rules. So, since the officer witnessed a violation, he had iron clad PC to stop and any subsequent search properly executed was also reasonable under the standards of the 4th and therefore the evidence was allowed to stand.

        The kick in the nuts was that they pointed out that the officer clearly was in violation of 2935.03 and they were concerned about that. However, there is currently no penalty for doing so, and it still had nothing to do with the exclusion rule of the 4th in this case because the officer did have PC.


        Shorter version.... it is illegal by state law to stop outside your jurisdiction unless specific circumstances are present. But, if you do it anyway, the evidence is still good.

        I wonder how long it will be before the general assembly puts a penalty for doing that into 2935?
        An impressionable child in a tumultuous world, and they say I'm at a difficult stage... --Meat Loaf

        Professional Stupidity Recognition Technician

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        • #5
          If you are in marked cruiser and you are out of jurisdiction and you see something dangerous you have ever right to stop the vehicle and call the jurisdiction law enforcement.

          If it starts in your county and gets out of the county by the time they stop your safe by "Hot Pursuit"
          sigpic

          No, maybe I can't win, maybe the only thing I can do is just take everything he's got. But to beat me, he's gonna have to kill me, and to kill me, he's gonna have to have the heart to stand in front of me, and to do that, he's gotta be willing to die himself and I don't know if he's ready to do that. I don't know, I don't know.
          Rocky Balboa
          Rocky IV (1985)

          Id rather be judged by 12 than carried by 6

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          • #6
            Kind of wish they'd just pass a law simular to other states that would give an officer statewide jurisdiction or an all inclussive mutual aid. Although you'd probably get some clown stopping an ex's new spouse out of spite. Maybe leave it up to a department's policies to determine how far the officer can go out of their area.

            Our department's jurisdiction is scattered all over the state. (campuses, research stations, extensions branches, etc). Just in a normal shift on our regional campus in Wooster, a normal patrol will cross four jurisdictions. Some of the areas we can make traffic stops are defined because OSU owns a plot of 13 trees for research (less then a tenth of a mile) or one side of the road for a 1/4 mile and then a 1/4 on the other side of the road (two corn fields separated by a trailer park or another farm). As it stands we rely on mutual aid contracts with the SO and one of the PDs, but each contract is different in how you activate the MAC.
            Last edited by mgshilling; 03-07-2009, 12:11 PM. Reason: re-wording

            Comment


            • #7
              Originally posted by Lawenforcer72 View Post
              If you are in marked cruiser and you are out of jurisdiction and you see something dangerous you have ever right to stop the vehicle and call the jurisdiction law enforcement.
              I'm not so sure I agree with that in every circumstance. If we are talking something serious -felony or OVI- I think you would be good. If we are talking speed or a broken tail light, I think you would be on shakey ground without FIRST obtaining a 'request' by the jurisdiction of which you are in. Once you have their blessing, you have equal jurisdiction.

              If it starts in your county and gets out of the county by the time they stop your safe by "Hot Pursuit"
              Absolutly I would only substitute jurisdiction in place of county. I work as a municipal cop, so my jurisdiction is less than the county. However, I frequently end up following people out of my juridiction into the county while trying to get them stopped.

              I spoke to my attorney about that once. He advised that the stop is considered to have legally occurred at the location where the lights went on. (he was a presecutor, but now is mostly a criminal defense attorney, so he looks from both sides on this stuff)
              An impressionable child in a tumultuous world, and they say I'm at a difficult stage... --Meat Loaf

              Professional Stupidity Recognition Technician

              Comment


              • #8
                Originally posted by mgshilling View Post
                Kind of wish they'd just pass a law simular to other states that would give an officer statewide jurisdiction or an all inclussive mutual aid. Although you'd probably get some clown stopping an ex's new spouse out of spite. Maybe leave it up to a department's policies to determine how far the officer can go out of their area.
                Yup...you certainly would. However, I agree with you that there needs to be more of a cohesive state playing field than we currently have. Further, better protection for us when we feel we need to get involved with something and it happens to be outside our home jurisdictions.
                Last edited by zap; 03-16-2009, 08:20 AM.
                An impressionable child in a tumultuous world, and they say I'm at a difficult stage... --Meat Loaf

                Professional Stupidity Recognition Technician

                Comment

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