Dayton Police Violated the Fourth Amendment

August 30, 2010
By Robert Alan Brenner on August 30, 2010 5:38 PM |

Bill of Rights.jpgDayton criminal defense lawyer Vic Hodge of the Montgomery County Public Defender's Office successfully argued on appeal that Dayton police violated his client's rights under the Fourth Amendment to the Constitution of the United States when they initiated an "investigatory detention" on a car without "a reasonable and articulable suspicion of criminal activity to warrant an investigatory detention under Terry." Dayton cops did a "Terry stop" on a car parked in the area of West Hillcrest and Salem Avenue in Dayton, Ohio, because they were checking on a report of a woman in a green shirt that appeared to be ill. They found a woman in a green shirt who did not appear ill, but who appeared to be arguing with someone in the parked car. With guns drawn, the police started barking orders at these citizens. It turns out the dude in the back seat had a gun that he hid under the driver's seat once police showed up. But the Dayton aw enforcement officers jumped the gun and violated the dude's Fourth Amendment Rights to be free from unreasonable searches and seizures and so his motion to suppress should have been granted by Montgomery County Common Pleas Judge Connie S. Price as you can read here.


If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private attorney. Otherwise, contact your county or state public defender to see if they can help.