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OH9: "The stronger an officer's suspicion, the longer a detention can be before it becomes unreasonable."

By John Wesley Hall, Jr.

The strong the RS, the longer the officer can take to get a dog there for a sniff. State v. French, 2009 Ohio 2342, 2009 Ohio App. LEXIS 1983 (9th Dist. May 20, 2009): The stronger an officer's suspicion, the longer a detention can be before it becomes unreasonable. Having reviewed the totality of the circumstances, this Court concludes that Officer Cirullo's investigation was diligent, that he used the least intrusive means reasonably available to confirm or dispel his suspicions, and that he did not detain the Frenches for an unreasonable amount of time to wait for the K-9 unit to arrive. Defendant was patted down and the officer felt his ID card. The officer asked for the ID card which had a different name than the name he gave when stopped...continue to full post

Full post as published by Fourth Amendment on May 26, 2009 (boomark / email).