RB Maurice Clarett (B1G Freshman of the Year, National Champion)

[AirForceBuck]

Clarett was obviously in an enraged state. He is almost certainly well out of his football playing shape too, and is likely north of his old 230 lb playing weight now. If he's a regular drinker with a high tolerance, it would be very easy for someone his size to not display the effects of even a large quantity of alcohol, particularly when he's cornered and fending off the CPD. Also, after the high-speed chase and melee in the parking lot, the police aren't going to issue a field sobriety test anyway.

An uncorked bottle of any state regulated liquor (over 42-proof/21%) in the passenger cabin of a vehicle is enough to suspect DUI, even without administering a blood alcohol test or observing the driver drink from the bottle. In Ohio, police still reserve the right to charge a person with DUI even if the BAC test is a pass, the driver does not appear intoxicated, or if the driver is taken into custody without leaving private property.

It is a complete judgement call by the arresting officer in the opinion of the courts, and this policy has existed since 1982.

Besides, a toxicology test was likely administered at the police station, and Clarett will later have that charge added, rendering the whole thing moot anyway.

Im calling it BS until I see he was charges with a DUI. I was out at midnight, a little tired with no drinking just swerving a bit comming home because Im drousy and Ive gotten pulled over for "a possible DUI" (damn Hillard police!). This guys goes Grand Theft Auto and hes just in an enraged case? Lemme guess, the "boosters" slipped him some bad roids?

 

[AirForceBuck]

In all seriousness though guys.


Maybe he took Kellen Winslow too serious when he said "Im a soldja" and decided today would be a good time for payback from a real "soldja"???

 

[THEWOOD]

In all seriousness though guys.


Maybe he took Kellen Winslow too serious when he said "Im a soldja" and decided today would be a good time for payback from a real "soldja"???

 

[Dryden]

Im calling it BS until I see he was charges with a DUI. I was out at midnight, a little tired with no drinking just swerving a bit comming home because Im drousy and Ive gotten pulled over for "a possible DUI" (damn Hillard police!). This guys goes Grand Theft Auto and hes just in an enraged case? Lemme guess, the "boosters" slipped him some bad roids?

Were you charged with DUI? Did you fight off the police requiring tazers, mace, and use of force by more than one officer? Do you honestly believe they're going to go to all that trouble, and throw him in the paddy wagon while he's kicking and screaming, then just say, "Oh fuck, let's have him stand on one leg, touch his nose, and count backwards from ten!"

Yeah, sure ... he's going to cooperate with the police then!

 

[restless]

And I'm sorry to say, but I don't see a way out of these new charges for Maurice.

Maybe I watched too much "law and order", but I think the DAs should look into his motive. Maybe he did talk to others around him about his animosity toward, say 'the team' or particular individual. Had he mentioned anything close to 'wanting them pay for his misery', would it possible to make an 'attempted murdur' out of the hat?

I know this sounds harsh, but apparently he is heading toward a dead end. I would hate to see his name collected into things like 'encyclopedia of man made tragedy of the century'. Oh, man! How I hoped he could find himself the right path! But he has done nothing but disspointment!

 

[Bucklion]

I heard Tom Friend too...nothing like grandstanding at a time like this, but what does one expect. I also thought that was weird, what 27 was talking about. I also don't buy his explanation that the stress of the trial caused MoC to do this...WTF would someone afraid to go to jail get a vest and 4 guns? He's as clueless as he ever was.

 

[BuckeyeNation27]

I heard Tom Friend too...nothing like grandstanding at a time like this, but what does one expect. I also thought that was weird, what 27 was talking about. I also don't buy his explanation that the stress of the trial caused MoC to do this...WTF would someone afraid to go to jail get a vest and 4 guns? He's as clueless as he ever was.

He did sound full of shit......as usual.

 

[OH10]

Again, the pepper spray could mask that. The totality of the circumstances, his behavior, his driving, the open container, and the fact that he was the only one in the car where a bottle of opened vodka was found, are more than enough probable cause.

Under the so-called "totality of the circumstances" test, there is still no evidence that he consumed any alcohol that evening. So what if they found a bottle of vodka in the car? There's no indication he consumed any of it. It was a sealed container

His behavior evinces nothing more than an uncooperative attitude often seen among those who aren't intoxicated, as well as though who are intoxicated. His behavior is only relevant for "under the influence" purposes if you can show he had drank some sort of alcoholic beverage.

But I fail to see how one can determine that someone is under the influence of alcohol when they don't have any indication that the individual actually drank alcohol. That's apparently what the police is saying. They don't believe he consumed any of the drink, or I can guarantee you they would have requested a BAC.

An uncorked bottle of any state regulated liquor (over 42-proof/21%) in the passenger cabin of a vehicle is enough to suspect DUI, even without administering a blood alcohol test or observing the driver drink from the bottle. In Ohio, police still reserve the right to charge a person with DUI even if the BAC test is a pass, the driver does not appear intoxicated, or if the driver is taken into custody without leaving private property.

It is a complete judgement call by the arresting officer in the opinion of the courts, and this policy has existed since 1982.

It is not a "complete judgment" call. Courts have held on numerous occasions that officers have jumped the gun without probable cause to request a BAC test. Heck, I've personally had hearings where the officer jumped the gun, and the test got thrown out.

 

[3yardsandacloud]

I guess life IS stranger than fiction.

Am I the only one troubled by the wild speculation I'm reading? I don't even know why, I guess everyone will have an opinion, but I don't see any value in it.

"He's was going to the WHAC"
"He's was going to Geiger's"
"He owes money to some 'bad' dudes"
"He was going to take care of some witnesses"

I think it safe to say that MoC has proved, without a shadow of a doubt, that no one knows what the hell Mo is thinking. I'm hoping we can skip the attempt at mind reading.

 

[BayBuck]

It was a sealed container.

Actually, it was called a "half-full bottle of vodka" by the Dispatch--it may have had a lid, but that's an unsealed container.

And there was an alleged witness on 1460 a few hours ago, who was at the scene and said Clarett was visibly intoxicated, which along with your previously-mentioned criteria of resisting arrest and erratic driving gives quite enough PC for a test.

It is not a "complete judgment" call. Courts have held on numerous occasions that officers have jumped the gun without probable cause to request a BAC test. Heck, I've personally had hearings where the officer jumped the gun, and the test got thrown out.

Yes, giving a test at the scene and citing DUI are the judgment calls of the officer on the scene--sure, a court can throw it out later, but we're talking about what happened/didn't happen during last night's arrest, not about the likelihood of an eventual DUI conviction. Besides, the earlier comment that he was probably tested at the station anyway seems like a good guess.

 

[Dryden]

Under the so-called "totality of the circumstances" test, there is still no evidence that he consumed any alcohol that evening. So what if they found a bottle of vodka in the car? There's no indication he consumed any of it. It was a sealed container

No it wasn't, it was an opened container. Witnesses even saw Maurice drink out of the bottle while stepping out of the SUV!

But I fail to see how one can determine that someone is under the influence of alcohol when they don't have any indication that the individual actually drank alcohol.

Because they act like they're drunk.

It is not a "complete judgment" call. Courts have held on numerous occasions that officers have jumped the gun without probable cause to request a BAC test. Heck, I've personally had hearings where the officer jumped the gun, and the test got thrown out.

It is a judgement call in the view of the arresting officer. What crimes a suspect is actually charged with and whether or not those are upheld in court is another matter entirely.

EDIT -- BayBuck hit everything just before I did.

 

[LoKyBuckeye]

Mo was going to be playing for the Mahoning Valley Hitmen.... maybe he just took the name of the team too seriously.... or it just confused him.

now.... on to more important questions... like who will play Mo in the "Movie of the Week"? I say... Malcolm Jamal Warner.

 

[OH10]

No it wasn't, it was an opened container. Witnesses even saw Maurice drink out of the bottle while stepping out of the SUV!

I have not seen this in any article. Not saying its not out there, but the only indication I have is this quote here:

"A half-full bottle of vodka was found in the SUV, but no breath test was administered because police had no indication that Clarett was intoxicated, Woods said."

Because they act like they're drunk.

So, if you act erratic, that's enough? Don't even need to show they drank something. Wow. That's a new one.

It is a judgement call in the view of the arresting officer. What crimes a suspect is actually charged with and whether or not those are upheld in court is another matter entirely.

uhh... wrong again. You can't arrest someone for a crime without probable cause - that's one of those constitutional things. Sometimes, you even need a warrant. He was arrested on the weapons charges, so that's beside the point.

But under R.C. Section 4511.191, you can't request an admissible BAC without probable cause either.

Actually, it was called a "half-full bottle of vodka" by the Dispatch--it may have had a lid, but that's an unsealed container.

R.C. Section 4301.01(6) "Sealed container" means any container having a capacity of not more than one hundred twenty-eight fluid ounces, the opening of which is closed to prevent the entrance of air.

It was a sealed container. It may have been opened, but it was not open.

EDIT: Actually, I'm going to concede that Maurice could have been cited for "opened container". Of course, that's a traffic ticket, and still doesn't show that he actually drank out of the bottle that night or any other night for that matter. It only shows that the bottle had been opened by someone and half of it went somewhere else, preferrably in the belly of a person and not spilled.

And there was an alleged witness on 1460 a few hours ago, who was at the scene and said Clarett was visibly intoxicated, which along with your previously-mentioned criteria of resisting arrest and erratic driving gives quite enough PC for a test.

Alleged witness.... 1460 the Fan....

Or Police Sergeant? I'll take Police Sergeant.

But you're both right. If, in fact, the police observed Maurice drink out of the bottle, there would be more than enough probable cause. Unfortunately, the police seem to be stating differently.

 

[lvbuckeye]

Who said he is not responsible for his actions??? Well other then ESPN :-/... The fact is he needs HELP. His actions and behavior proves he needs help. I was not suggesting he gets let off for his crimes, I was saying it is sad to see any KID have these types of problems.

the thing is, people TRIED to help him multiple times, but he used them for a short time, then shrugged them off, and went back to his old ways. the kid doesn't need help, he needs a religious experience in the worst way.

 

[Padraig]

now.... on to more important questions... like who will play Mo in the "Movie of the Week"? I say... Malcolm Jamal Warner.

Gary Colman would be funnier.