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CITY OF DAYTON v. ERICKSON

No. 95-859.

76 Ohio St.3d 3 (1996)

CITY OF DAYTON, APPELLANT, v. ERICKSON, APPELLEE.

Supreme Court of Ohio.

Decided July 3, 1996.

Attorney(s) appearing for the Case

J. Anthony Sawyer, Dayton Director of Law, and John J. Scaccia, Chief Prosecuting Attorney, for appellant.

Lynn G. Koeller, Montgomery County Public Defender, Charles L. Grove and Anthony R. Cicero, Assistant Public Defenders, for appellee.

DOUGLAS, J.

The court of appeals determined that a "pretextual" traffic stop is constitutionally invalid. The court of appeals defined a "pretextual stop" as one in which a police officer "uses a minor violation of the law to make a stop which the officer would not otherwise make in order to conduct a search or an interrogation for an unrelated, more serious offense for which he does not have the reasonable suspicion necessary to support a stop." The court of appeals...

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