I was placed in the back of the cruiser after I supplied my ID. I did so willingly. for a Minor Misdemeanor. Is this legal? Charged with 2917.11(B)(2)

Question Details: State v. Thompson (1996), 116 Ohio App. 3d 740 -- Defendant may have had an open container, a minor misdemeanor, but refused officers' demand he go with them to their cruiser to be checked on the computer. Being placed in the cruiser amounted to arrest. Minor misdemeanors are not arrestable offenses if suspect offers adequate evidence of identity. Arrest was not lawful. Resisting conviction reversed.

Asked 8/5/2009 under Criminal Defense | 225 View(s) | More Legal Topics

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Jack Moser, Jr. / Jack Moser Law Answered 2 years ago | Contributor

You most certainly need to consult with an attorney in your area, as experience has shown that there are more facts that led to your being held in the cruiser than what is provided above.

To find such competent and skilled legal counsel, you may wish to check out attorneypages.com. Or, if you are in the central Ohio area, visit our website www.jmoserlaw.com . Good Luck.

Although I do not practice law in the state of Ohio, here are my initial impressions.  First, based upn the authority that you have cited, it appears that the defendant in that case was appealing a conviction for resisting arrest.  Thus, unless you have been charged with resisting arrest for refusing to be put in the police car, that case does not appear to be on point with your circumstance.  Theoretically, unlawfully putting you in the back of a police car may give rise to a civil action for false arrest, however, I doubt that you would have a strong case unless (1) the open container charge was dismissed, and more importantly (2) you suffered some kind of damages above and beyond being detained for several minutes.  In any event, if you currently have criminal charges pending, or feel that your rights have been violated as a result of this incident I suggest that you consult with a local attorney to discuss the facts relevant to your case in greater detail.  Good luck.

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