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City of Bay Village v. Pshock6/18/1998
asonable to infer that an automobile's owner is driving it, the officer had reason to suspect that the driver was committing a traffic offense... Id. at 665; also, see, State v. Owens (1991), 75 Ohio App.3d 523; State v. Bates (August 12, 1987), Medina App. No. 1576-1577, unreported; cf. City of Mansfield v. Crose (April 21, 1994), Richland App. No. 93-CA-79-2, unreported, 1994 WL 171487 (computer check showing that the registered owner of a motorcycle did not have a valid motorcycle endorsement is insufficient to justify an investigatory stop in the absence of any reasonable and articulable suspicion that the owner was, in fact, the driver).
As in Epling, officer Elish had specific and articulable facts indicating that the driver of the motorcycle was committing a traffic offense in not having the proper endorsement on his driver's license. Also, the computer's description of the owner matched the physical description of the driver in that both persons were males. Finally, the officer could reasonably presume that the driver of the motorcycle was the owner. Thus, the investigative stop of the appellant was justified.
Assignment overruled.
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Rocky River Municipal Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
JOSEPH J. NAHRA, P.J., and, TIMOTHY E. McMONAGLE, J., CONCUR.
JAMES D. SWEENEY JUDGE
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