LEGAL BASICS
What is probable cause?
Police may detain persons for investigation of conduct that arouses reasonable suspicion of criminal activity.
When detention is justified, police may conduct a protective weapons search if they have reasonable suspicion that the suspect is armed and dangerous.
Terry v. Ohio
(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.
(B) No person, while voluntarily intoxicated, shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.
What is disorderly conduct 2917.11?
(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.
What is Aggravated Assault 2903.14?
An act that the law makes punishable, actually reus and mens rea.
What is crime?
The officer has legally stopped the vehicle and the officer has reasonable suspicion, based upon specific and articulable facts, to believe that the driver or passenger is dangerous and can gain immediate control of a weapon.
When can an Officer conduct a protective search of a motor vehicle for weapons?
Allows an Officer to order the driver out of the vehicle.
(A) No person, purposely by any means or knowingly by damaging or tampering with any property, shall do any of the following:
(1) Interrupt or impair television, radio, telephone, telegraph, or other mass communications service; police, fire, or other public service communications; radar, loran, radio, or other electronic aids to air or marine navigation or communications; or amateur or citizens band radio communications being used for public service or emergency communications;
(2) Interrupt or impair public transportation, including without limitation school bus transportation, or water supply, gas, power, or other utility service to the public;
(3) Substantially impair the ability of law enforcement officers, firefighters, rescue personnel, emergency medical services personnel, or emergency facility personnel to respond to an emergency or to protect and preserve any person or property from serious physical harm.
(B) No person shall knowingly use any computer, computer system, computer network, telecommunications device, or other electronic device or system or the internet so as to disrupt, interrupt, or impair the functions of any police, fire, educational, commercial, or governmental operations.
What is Disrupting Public Services 2909.04?
(A) No person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor a person identified in division (A)(1), (2), or (3) of this section from the parent, guardian, or custodian of the person identified in division (A)(1), (2), or (3) of this section:
(1) A child under the age of eighteen, or a child with a mental or physical disability under the age of twenty-one;
(2) A person committed by law to an institution for delinquent, unruly, neglected, abused, or dependent children;
(3) A person committed by law to an institution for persons with mental illnesses or an institution for persons with intellectual disabilities.
(B) No person shall aid, abet, induce, cause, or encourage a child or a ward of the juvenile court who has been committed to the custody of any person, department, or public or private institution to leave the custody of that person, department, or institution without legal consent.
What is Interference with Custody 2919.23?
For the purpose of sexually arousing or gratifying either person, any touching of an erogenous zone of another, including but not limited to thigh, genitals, buttock, pubic region, breasts (female).
What is sexual contact?
While an Officer may not search for objects rather than weapons on a Terry stop, if the Officer feels an object that he/she immediately recognizes as contraband, it may be seized even if he/she knows it is not a weapon.
What is the plain feel doctrine/Minnesota v. Dickerson?
The Fourth Amendment prohibits the use of deadly force unless it is necessary to prevent the escape of a fleeing felon and the officer has probable cause to believe that the suspect poses a significant threat of violence to the officer or the community.
What is Tennessee v. Garner?
(A) No person, without privilege to do so, shall knowingly restrain another of the other person's liberty.
(B) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person's liberty.
What is Unlawful Restraint 2909.03?
(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.
(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.
(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.
(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.
(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
What is Gross Sexual Imposition 2907.05?
Any instrument, device, or thing capable of inflicting death and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.
What is a deadly weapon?
The officers must be legally on the premises from where the observation is made, the incriminating nature of the item must be immediately apparent, and the officers must have a lawful right of access to the object.
What is the criteria to establish the plain view exception to the search warrant requirement?
The Fourth Amendment does not prevent a police officer from ramming a fleeing suspect's car to end a high-speed chase, notwithstanding the risk of serious harm to the suspect.
What is Scott v. Harris?
(A)(1) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family. In addition to any other basis for the other person's belief that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family, the other person's belief may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
(2) No person shall knowingly place or attempt to place another in reasonable fear of physical harm or death by displaying a deadly weapon, regardless of whether the deadly weapon displayed is operable or inoperable, if either of the following applies:
(a) The other person is an emergency service responder, the person knows or reasonably should know that the other person is an emergency service responder, and it is the person's specific purpose to engage in the specified conduct against an emergency service responder.
(b) The other person is a family or household member or co-worker of an emergency service responder, the person knows or reasonably should know that the other person is a family or household member or co-worker of an emergency service responder, and it is the person's specific purpose to engage in the specified conduct against a family or household member or co-worker of an emergency service responder.
What is Menacing 2903.22?
(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(B) No person shall recklessly cause serious physical harm to a family or household member.
(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
What is Domestic Violence 2919.25?
-any automatic, or sawed off firearm, zip, gun, or ballistic knife
-any explosive device or incendiary device
-nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonic, TNT, picric acid, and other high explosives. Amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions. Plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid oxygen blasting explosives, blasting powder, and other blasting agents. Any other explosive substance having sufficient brisance or power to be particularly suitable for use as military explosive, for use in mining, quarrying, excavating, or demolitions.
-any firearm, rocket launcher, water, artillery, piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes in the ammunition for that weapon
-any firearm muffler, or silencer
-any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordinance
What is a Dangerous Ordinance?
-Specific intention to cause a certain result
-Because of substantial lapse of due care, fail to perceive or avoid a risk that conduct may cause a certain result
-With heedless indifference to the consequences
-Aware that conduct will probably cause a certain result
What is purposely, negligently, recklessly, and knowingly?
If the actions of the suspect justifies the use of deadly forces the Officer is not required to use less-than-lethal force before employing deadly force.
What is Plakas v. Drinski?
(A) No person shall negligently cause the death of another or the unlawful termination of another's pregnancy by means of a deadly weapon or dangerous ordnance as defined in section 2923.11 of the Revised Code.
What is Negligent Homicide 2903.05?
(A) No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.
(B) No person shall knowingly use or operate an aircraft, motor vehicle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent, and either remove it from this state or keep possession of it for more than forty-eight hours.
(C) The following are affirmative defenses to a charge under this section:
(1) At the time of the alleged offense, the actor, though mistaken, reasonably believed that the actor was authorized to use or operate the property.
(2) At the time of the alleged offense, the actor reasonably believed that the owner or person empowered to give consent would authorize the actor to use or operate the property.
What is Unauthorized Use of a Vehicle 2913.03?
When a person exhibits resistive movement or avoid physical control, or as a passive resistor, presents a credible threat to an officer.
What is active resistance?