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.

.

2 thoughts on “State V. Patrick”

  1. CHP problems; some in Law enforcement don’t understand Right to the road —
    3mules was ordered off the road; and then arrested for resisting arrest; he was taken to jail, and his animals were impounded. Given 72 year old John Cheney Sear’s prior behaviors and lengthy history, physically resisting seems highly unlikely. Animal riders/drivers have a right to the road; in other words the traffic “stop” had no P.C. in the first place, and even if it did the order (to leave the road) was unlawful.
    https://3mules.com/the-mules-arrested-by-chp-in-paso-robles-and-sent-to-jail-and-animal-shelter-in-san-luis-obispo/
    That page includes a reference to his arrest and acquittal in 2013 for “disobeying a lawful order” under similar circumstances in Santa Clara county in 2013, including a video where the judge discusses his ruling.

    Fascinating comment directly from SLO DA on 3mule’s facebook page made a few days after the arrest:
    “Mr. Sears’ case has not yet been sent to the San Luis Obispo County District Attorney’s Office… The DA’s Office will carefully review the request for complaint if and when the CHP – Templeton Office submits it to us… In 2014, the last time 3 Mules was charged with a crime in San Luis Obispo County, our office dismissed the case against Mr. Sears”
    [that case involved an alleged violation of a camping law]
    https://www.facebook.com/3Mules/posts/2737410039684787?comment_id=2737417363017388

    For equivalent animal road roads in AZ see
    https://azbikelaw.org/share-the-road/

Leave a Reply

Your email address will not be published. Required fields are marked *