Legal Question in Traffic Law in Ohio

My son was stopped by a small town officer for a brake light being out. He searcher the vehicle and my son and found a marijuana pipe in his pocket (no drugs were present). The officer than threw him to the ground , put his knee in the back of his head , and handcuffed him. He than drew his weapon and pointed it at his friend and ordered him out of the vehicle. Is this not a bit excessive?


Asked on 7/27/09, 2:41 pm

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Yes that is excessive and may have been illegal. Your son should have been cited for the brake light and then released, unless the officer smelled the marijuana, which would have given him probable cause to continue the detention. Throwing your son to the ground and pointing his weapon at them must have been justified by some resistance, so if that wasn't present, you have a claim against the officer. Feel free to contact me directly....216.952.1990

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Answered on 7/28/09, 11:43 am


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