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· 1/23/2020

S. Euclid v. Fortson

Citations

  • 151 N.E.3d 1039
  • 2020 Ohio 187

Syllabus

Traffic stop motion to suppress motion to dismiss South Euclid Ordinance 337.27(d) home rule police power R.C. 4513.263 (B) and (D). The traffic stop, made solely for the purpose to issue a citation for failure to wear a seatbelt, was in violation of R.C. 4513.263(D). The authority to self-govern, permitted under the home-rule provision of the Ohio Constitution, does not apply to this case. The traffic stop was not for a primary offense. The trial court did not err where it converted appellee's motion to suppress to a motion to dismiss and granted the motion.

Judges: Jones

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