Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

OH2 reaffirms a person with an outstanding warrant has no REP from a SI even where stop illegal

By John Wesley Hall, Jr.

There is no reasonable expectation of privacy in one's person when there is an outstanding warrant for him. While defendant's stop was illegal, a search incident of his person on his arrest for the outstanding warrant found when his name was run was valid. State v. Harding, 2009 Ohio 59, 2009 Ohio App. LEXIS 50 (2d Dist. January 9, 2009): [*P19] Most recently, however, we reaffirmed our holding in Click in State v. Smith, Montgomery App. No. 22434, 2008 Ohio 5523, wherein we found that the defendant had no reasonable expectation of privacy because he had an outstanding warrant for his arrest. It did not matter that the police became aware of the warrant following, and as a result of, an otherwise unlawful detention. In Smith, we specifically overruled our prior holding in Jamison...continue to full post

Full post as published by Fourth Amendment on January 16, 2009 (boomark / email).