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Consent to enter to talk was exceeded by officer looking in bathroom

By John Wesley Hall, Jr.

Consent to enter to talk to the defendant was voluntary, but an officer walking to the bathroom to look around exceeded the scope of consent. State v. Hetrick, 2008 Ohio 1455, 2008 Ohio App. LEXIS 1283 (9th Dist. March 31, 2008). Being in a high-crime area is not reasonable suspicion. Neither is the fact a weapon was found on someone else reasonable suspicion as to the defendant. People v. Smith, 2008 V.I. LEXIS 2 (March 5, 2008).* Plaintiff had no reasonable expectation of privacy on land outside his farm where officers found the remains of a horse. Reams v. Irvin, 2008 U.S. Dist. LEXIS 25350 (N.D. Ga. March 31, 2008).* Reasonable suspicion here included defendant's admission that he was traveling to a known drug house that was already under investigation...continue to full post

Full post as published by Fourth Amendment on April 02, 2008 (boomark / email).