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OH11: Guilty plea was res judicata to later action for return of seized property

By John Wesley Hall, Jr.

Defendant's guilty plea and prior losing of a motion to return property in a criminal case was res judiciata to a later action for return of seized property. State v. Dudas, 2008 Ohio 6983, 2008 Ohio App. LEXIS 5808 (11th Dist. December 31, 2008). Looking under the hood was within the scope of consent. There, reasonable suspicion or even probable cause had developed. Pincherli v. State, 2008 Ga. App. LEXIS 1409 (December 31, 2008).* Officer's failure to disclose that defendant a piece of paper in his mouth when it took a PBT was not material to the finding of probable cause, and the trial court's finding of a Franks violation was clearly erroneous. People v. Mullen, 2008 Mich. App. LEXIS 2581 (December 23, 2008).*

Full post as published by Fourth Amendment on January 06, 2009 (boomark / email).