Case Law & Resources: Ohio
Citation
Issue Presented & Facts
Holding
State v. Johnson, 154 N.E.3d 387, 407 (Ohio Ct. App. 2020)
Whether excessive force in the course of an investigatory stop was used.
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Officer grabbed the back of Plaintiff's waistband when he approached him for an investigatory traffic stop, which resulted in a brief struggle between the officer and Plaintiff. After the officer detained Plaintiff, he then proceeded to note that he was stopping him for a traffic stop.
We conclude that excessive force was used in the context of this investigatory stop of a free citizen, invoking the protections of the Fourth Amendment, which guarantees citizens the right to be secure in their persons against unreasonable seizures of the person.
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Reference to Ohio Revised Code 2935.26.
State v. Young, No. 04AP-797, 2005 WL 2650010, at *5 (Ohio Ct. App. Oct. 18, 2005)
Whether police training is relevant in determining whether deadly force was used.
Defendant argued that the trial court erred In not permitting a former instructor at the Ohio Peace Officers Training Academy or a police officer to testify on their training on the use of deadly force.
Police training and policy on the use of deadly force was not relevant to whether defendant acted in self-defense under Ohio law, and a jury, not an expert, decides whether a defendant acted in self-defense under Ohio law.
Case Law
Resources
Citation
Summary and Notes
If enacted, Section 109.749 of the Ohio Revised Codewill require peace officers to complete training on de-escalation techniques implicit bias, procedural justice, and mental health issues, to require information regarding mental health resources and available support be provided to peace officers annually, and to make an appropriation.
Relevant Excerpt
N/A
De-escalation techniques are consistently emphasized and incorporated into every aspect of training.
N/A