Ohio Traffic Stop Limits
Ohio traffic stop limits extend to those unique to Ohio. The Ohio Supreme Court, in its Robinette decision, said that police officers may not request consent for a search of a vehicle, once the purpose of the initial traffic stop is completed and there is no evidence of any wrongdoing beyond the reason for the traffic stop. The Supreme Court of Ohio said that the courts have an obligation to protect the ordinary law-abiding citizen from intrusive, illegal and overbearing government action. This protection is necessary because most people are not aware of their right to refuse consent to a search of their vehicle.
United States Supreme Court Declined To Adopt Ohio Traffic Stop Limits For the Rest Of The United States Of America
The United States Supreme Court, in its review of this decision, declined to adopt this rule for the entire nation. In doing so, the rule was left intact in Ohio. This was an unfortunate decision, as the Ohio Supreme Court got it right in this instance. Authorities should not be allowed to further detain people and request consent after they have already issued a citation, and checked for license, registration and insurance. This person should be free to drive off without being subjected to a fishing expedition.
Read The Ohio Traffic Stops Limits Case For Yourself
You can read the full text of the decision: State v. Robinette.
Attorney Daniel Gigiano. Experienced. Aggressive. Knowledgeable.
Attorney Daniel Gigiano is a Medina criminal defense attorney in Wadsworth, Ohio. If you have questions about this or other questions you need answered by an experienced Medina County criminal defense attorney in Wadsworth, please call Attorney Daniel Gigiano at 330-336-3330. Attorney Daniel Gigiano has tried over forty jury trials to a verdict, many of them in Medina County, Summit County and Wayne County.