State V. Patrick

State v. Patrick, 153 Ohio Misc.2d 20, 2008-Ohio-7142

Link to .pdf decision on Ohio Supreme Court website, or can google for it, to quick view it.

It is unusual for a lower court decision to be published (so why was this one?).

The short summary is; since there was no probably cause for the deputy to do the stop in the first place (because the defendant was doing nothing illegal), everything that came later (the alleged disorderly conduct, resisting arrest, and whatever else) was supressed. All charges were dismissed.

Mionske covered this case on his blog at bicycling.com.

Also, a roundup of this, and many other, “Right to the Road” cases.