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Criminal Law

: Fourth Amendment

OH9: Leftovers from making a blunt is reasonable suspicion

By John Wesley Hall, Jr.

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On a traffic stop, the smell of alcohol and cigar wrappers and loose tobacco is reasonable suspicion. State v. Hobbs, 2010 Ohio 420, 2010 Ohio App. LEXIS 345 (9th Dist. February 10, 2010).* The officer stopped the defendant for various traffic offenses. After he let him go, he saw what appeared to be a bag of drugs tossed from the car. This was justification for a further stop. United States v. Hinojosa, 2010 U.S. Dist. LEXIS 11421 (E.D. Tex. January 29, 2010).* Defendant’s IAC claim against counsel for failing to pursue his search and seizure claim was defaulted, but would have lost on the merits as an inventory search. Lattimore v. State, 2010 Miss. App. LEXIS 50 (February 9, 2010).* Alleged Franks violation was pretty much irrelevant here with a dog alert and other factors for reasonable suspicion...continue to full post

Full post as published by Fourth Amendment on February 12, 2010 (boomark / email).

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