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Replevin action will not lie to recover property seized under a search warrant where the investigation remains open

By John Wesley Hall, Jr.

In a replevin action, plaintiff was not entitled to recover property seized under a warrant were the police investigation remains open. This is "rightful possession" and replevin will not lie. Hicks v. City of Barberton Police, 2008 Ohio 2958, 2008 Ohio App. LEXIS 2485 (9th Dist. June 18, 2008). Plain feel of what was probably crack cocaine was felt during patdown of defendant in his butt crack, so the seizure was valid. State v. Pullen, 2008 Ohio 2894; 2008 Ohio App. LEXIS 2421 (2d Dist. June 13, 2008). Defense counsel was not ineffective for not filing a motion to suppress which would have failed because of his live-in girlfriend's consent. State v. Owens, 2008 Ohio 2961, 2008 Ohio App. LEXIS 2486 (9th Dist. June 18, 2008).*

Full post as published by Fourth Amendment on June 21, 2008 (boomark / email).