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Criminal Law

: Fourth Amendment

OH12: Officer had basis for traffic stop and stolen property he was looking for was in the bed of defendant's pickup

By John Wesley Hall, Jr.

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Defendant was an IT guy at Ohio's Miami U, and several high end items, including a $4,500 digital camera, disappeared from the University which were found on eBay for sale by "thesizemores." An investigation was begun, and an officer went to defendant's house to talk to him, but nobody answered. The officer left and called defendant, cellphone to cellphone, and defendant answered and said that he was out doing some personal business. The officer, however, heard defendant's storm door squeaking on the phone, a sound he had just heard, so he went back and saw defendant driving away from his home. A traffic stop was made based on erratic driving, and the officer asked about the stolen camera. All the stolen electronic items from the University were in the bed of the defendant's pickup truck in plain view [apparently the evidentiary value was immediately apparent]...continue to full post

Full post as published by Fourth Amendment on September 30, 2009 (boomark / email).

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