Careful about being polite now.

TallTom

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Read the full article at Ohio Court: Polite Drivers Are Not Suspicious

Ohio Court of Appeals throws out conviction of a man who was searched during a traffic stop because he was too polite.

"The second highest in Ohio decided on Wednesday that police have no business searching a motorist during a routine traffic stop for being too polite. The Court of Appeals suppressed the evidence that allowed police to seize a .40 caliber Sig Sauer and a small bag of marijuana from Joshua A. Fontaine at 2:27 am on December 12, 2012.

On that day, Ohio State Highway patrolman Jared Haslar was running a speed trap on Pearl Road in Strongsville, where the speed limit is 35 MPH. Patrolman Haslar claims his radar gun clocked Fontaine at 45 MPH, so he pulled him over. In the course of the stop, Fontaine cheerfully handed over his license, proof of insurance, and registration. This caused the officer to suspect criminal activity."

"While speaking to Mr. Fontaine I felt that his body language and his behavior was a little bit unusual," Patrolman Haslar testified. "He was extremely -- like almost overly polite, and he was breathing heavily at times while I was talking to him."

Stupid civilians and their chitty attitudes towards authority! :Insert sarcasm emoticon here:
 
He was carrying pot and, apparently a gun without a license...sorry he should have gotten busted.
 
He was carrying pot and, apparently a gun without a license...sorry he should have gotten busted.

I never read he didn't have a license to carry or not. "This caused the officer to suspect criminal activity", is what allows the cops to seize a weapon.

It describes the bag of pot seized as "small". Not enough definition to know the quantity.

Here are the current Ohio Pot laws: Ohio Marijuana Laws for Possession, Growing, Selling | Criminal Law

Regardless, the court ruled he should NOT have been busted. I wonder if he would have been rude to the cop, if the arrest would be allowed to stick?
 
IF he was legally carrying, then he could not have been charged/convicted with a need to overturn (unless it's tied to having the pot), so I am ASSUMING. Yes, may be overturned (rightfully) as an illegal seach, but not sure I'd charge this one up to one for the good guys...
 
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