Ohio: Yanking Motorist Out of Car Is Not a Welfare Check
Al E. Forrest sat in the driver’s seat of a 2003 Ford Explorer with another man in the passenger seat as two police officers came up on either side of the vehicle. According to Officer Kevin George’s testimony, he just wanted to see if the Explorer driver was okay. The officers had no suspicion of any criminal activity prior to approaching the Explorer. When George poked his head into the driver’s window, Forrest looked surprised to see a cop staring at him through the window. George said this was a sign of “nervousness.” When George saw money in Forrest’s left hand, he ordered the man out of the SUV. This was the beginning of the legal problem for the Columbus officer.
“We note initially that the police needed no suspicion of activity, legal or illegal, in order to walk up to or approach the Ford Explorer,” Judge G. Gary Tyack wrote for the appeals court. “What a person willingly displays in public is not subject to Fourth Amendment protection. However, Officer George went far beyond approaching the vehicle.”
“The state argues probable cause to arrest and then search incident to arrest are present, but both fail because they are premised on Forrest’s wrongfully refusing to obey the order to step out of the vehicle,” Judge Tyack wrote. “The officer, however, had no basis to order Forrest out of the vehicle because he lacked reasonable articulable suspicion of criminal activity when Officer George reached across Forrest’s body to grab his hand and pull him out of the vehicle. Since there was no lawful arrest, the search and seizure cannot be justified as a search incident to a lawful arrest.”
With the suppression motion upheld, the state has no case against Forrest. A copy of the decision is available in a 30k PDF file at the source link below.
Source:
Ohio v. Forrest (Court of Appeals, State of Ohio, 12/6/2011)
[Courtesy: Thenewspaper.com]
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I don't support police efforts to raise revenue and court efforts to ignore our rights to enable raising of said revenue. What we have here is a cop who walked up on a drug deal in process. Yippee. Another gun toting drug dealer has beaten the system, probably not for the first time considering he had a previous arrest warrant that was repealed.
Yes, you fail. Creating the fiction that the framers meant police couldn't take action to investigate crimes they witness isn't the act of a well mind.