On May 10, 2009, Amy Habel got onto her bicycle in front of a "known drug house" in a "high crime" area known for illegal drugs in Dayton, Ohio. A Dayton City Ordnance prohibits riding bicycles on the sidewalks and a violation of that is a minor misdemeanor. Amy rode her bike on the sidewalk. This gave Dayton police a reason to stop her. Amy did not have her identification on her. Instead of asking for her name, social security number, and date of birth, the Dayton police put her into the back of their police cruiser for their convenience until they determined her identity. This gave the officers an excuse to conduct a pat-down or frisk her for weapons. During the frisk, the police found illegal drugs. Montgomery County Common Pleas Judge Frances H. McGee sustained Amy's motion to suppress the drugs because the police had no justification to conduct the pat-down search. The Second District Court of Appeals for Montgomery County, Ohio, affirmed that decision as you can read here.
Dayton police not justified in conducting pat-down
August 20, 2010
