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 probable 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.

Steve Magas described it as follows:

In State v. Patrick, 153 Ohio Misc.2d 20, Tony Patrick and another rider were riding two abreast when a police officer ordered them to get off the road. They refused and Tony was ultimately stopped, TASERed, beaten and arrested by police and charged with felonies and misdemeanors. However, the trial judge dismissed all charges holding, in part, that cyclists have the right to ride two abreast and the officer had no right to stop Tony. The judge in that case, a cyclist himself, stated that while cyclists SHOULD display courtesy to motorists, there is no legal requirement that they give way.

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