A Dayton Police Officer stopped a vehicle at the corner of Salem Avenue and Philadelphia Avenue in the general area of Good Samaritan Hospital, because the officer thought the person driving the vehicle may be an unlicensed driver. The officer stopped the car to find out. Was this legal?
Police may stop a vehicle if they have a reasonable and articulable suspicion that an unlicensed driver is operating the vehicle. But what if an officer is not sure if a vehicle is being driven by its licensed owner or his unlicensed friend? Can police stop the vehicle to find out who is driving? No, says the Second District Court of Appeals for Montgomery County. When an officer cannot tell if the driver is the licensed registered owner or his unlicensed friend, the reasonable inference to draw is that it is the licensed registered owner.
The stop was "impermissible" so any contraband found as a result of the stop, along with any statements made to the police, should have been suppressed by the trial court. Read the decision 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.
