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Criminal Law

: Fourth Amendment

Impoundment of vehicle justified its search

By John Wesley Hall, Jr.

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Defendant’s vehicle was going to be impounded because of his lack of driver’s license, and the search of the vehicle was related to that purpose. State v. O'Neal, 2008 Ohio 512, 2008 Ohio App. LEXIS 458 (3d Dist. February 11, 2008) (Comment: There was no claim here that the search did not follow inventory justification for procedures, so that was not addressed.) The trial court found that the officer had cause for the stop of defendant's car for a license plate being either excessively dirty or the bulb being out, and that was probable cause for the stop which survives appellate scrutiny. The argument that the police car's video did not help one way or the other really did not matter. State v. Numbers, 2008 Ohio 513, 2008 Ohio App...continue to full post

Full post as published by Fourth Amendment on February 13, 2008 (boomark / email).

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