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PA: While mom lacked actual authority, she had apparent authority on totality of the circumstances

By John Wesley Hall, Jr.

An officer patrolling in a park ran the license number of a vehicle and concluded that the owner had a suspended license and a prior for drugs. When he got in the vehicle to drive off, the vehicle was stopped, and a drug dog was called in. The stop was justified, and the dog sniff was not improper. A dog sniff is like a plain view. State v. Hoppert, 2009 Ohio 1785, 2009 Ohio App. LEXIS 1520 (8th Dist. April 16, 2009).* Defendant who pled guilty before motion to suppress could have been filed cannot claim IAC against defense counsel. State v. Bishop, 2009 Ohio 1797, 2009 Ohio App. LEXIS 1519 (8th Dist. April 16, 2009).* Police responded to a domestic disturbance call involving defendant firing a gun at a woman, officers when to where defendant stayed and where he ran to and talked to his mother, and she consented to a search...continue to full post

Full post as published by Fourth Amendment on April 21, 2009 (boomark / email).