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State v. Cooper

Citations

  • 2024 Ohio 3081

Syllabus

RESISTING ARREST — OBSTRUCTING OFFICIAL BUSINESS — SUFFICIENCY — MANIFEST WEIGHT: The evidence supported defendant's conviction for resisting arrest under R.C. 2921.33(A), namely, the arrest was lawful where defendant engaged in criminal trespass by attempting to reenter the convenience store despite being told to leave by the police officer per the store clerk's wishes, and defendant subsequently resisted the lawful arrest by flailing about, tensing his body, and preventing the officer from handcuffing him. The evidence supported defendant's conviction for obstructing official business under R.C. 2921.31(A) where, despite stopping at the convenience store on personal business, the police officer was acting in his official capacity while attempting to arrest defendant for trespass because police officers have a continuing duty to observe and enforce the laws of the state while in their jurisdiction of authority regardless of duty status, defendant was not privileged to resist the lawful arrest, and defendant's act of knocking the taser out of the officer's hand and throwing it impeded or obstructed official business.

Judges: Kinsley

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