Legal Opinion · Dissent

City of Cincinnati v. Kromski

Ohio Court of Appeals

Decided March 29, 1995No. C-940373Published

1DissentDoan, Judge

In deciding whether there was probable cause for an arrest, a court must determine if, at the moment of arrest, the police officer knew facts and circumstances and had reasonably trustworthy information sufficient to warrant a prudent person in believing the suspect had committed an offense. Beck v. Ohio (1964), 379 U.S. 89, 91, 85 S.Ct. 223, 225, 13 L.Ed.2d 142, 145; State v. Finch (1985), 24 Ohio App.3d 38, 39-40, 24 OBR 61, 62-64, 492 N.E.2d 1254, 1256. At the time Barber decided to place Kromski under arrest, she knew only that he had been involved in an accident, that he smelled of…

2Cases cited5 opinions

  1. Beck v. OhioSupreme Court of the United States · 1964
  2. State v. FanningOhio Supreme Court · 1982
  3. State v. TaylorOhio Court of Appeals · 1981
  4. State v. FinchOhio Court of Appeals · 1985
  5. State v. MelvanOhio Court of Appeals · 1992

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