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Criminal Law

: Fourth Amendment

OH3: Landlord has no reasonable expectation of privacy in a zoning violation inside

By John Wesley Hall, Jr.

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A landlord has no reasonable expectation of privacy in his rental property zoning violation which was found when officers responded to an assault call at the apartment and saw and photographed it. City of Marion v. Brewer, 2008 Ohio 5401, 2008 Ohio App. LEXIS 4550 (3d Dist. October 20, 2008). Traffic stop for a suspended license led to the officer seeing something peeking out of the defendant's fanny pack that could have been the handle of a knife or gun. That justified a frisk, and meth was found. Eaton v. State, 2008 Ga. App. LEXIS 1118 (October 20, 2008).* A pouch defendant handed to officers as he was being arrest was subject to search incident. State v. Gagaris, 2008 Ohio 5418, 2008 Ohio App. LEXIS 4536 (12th Dist. October 20, 2008).*continue to full post

Full post as published by Fourth Amendment on October 23, 2008 (boomark / email).

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