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VA: Jail seizure of documents not used did not violate Fourth or Sixth Amendment

By John Wesley Hall, Jr.

Defendant was stopped for a traffic offense and her license turned out to be suspended. Because she was subjected to a custodial arrest, a search incident of the car was appropriate. State v. King, 2009 Ohio 173, 2009 Ohio App. LEXIS 118 (5th Dist. January 16, 2009).* Odor of raw marijuana found during a traffic stop was probable cause. The search of the "cargo area" was proper because that was a place where it could be found. State v. Gonzales, 2009 Ohio 168, 2009 Ohio App. LEXIS 149 (6th Dist. January 16, 2009).* Odor of raw marijuana was found during a traffic stop, and the defendant's conduct justified the officer searching for safety reasons as well. State v. Haidet, 2009 Ohio 205, 2009 Ohio App. LEXIS 181 (5th Dist. January 20, 2009)...continue to full post

Full post as published by Fourth Amendment on January 25, 2009 (boomark / email).