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OH5: Officers were admitted by consent during a civil assist, although the person they were assisting had been out for 4 months

By John Wesley Hall, Jr.

The police came in a civil assist to help remove property from the premises. The person they were assisting had been in a halfway house for 100 days and had moved out prior to that. While he had no common authority because he had moved and he no longer even had a key, it was he was given permission to enter to get his stuff, and he had the police come with him. A plain view resulted in the defendant’s arrest. State v. Rice, 2010 Ohio 531, 2010 Ohio App. LEXIS 430 (5th Dist. February 16, 2010).* Plain feel of a short straw in a jacket justified going into the pocket for the drug paraphernalia. State v. Broaddus, 2010 Ohio 490, 2010 Ohio App. LEXIS 408 (2d Dist. February 12, 2010).* A citizen complaint of DUI led the officer to follow the defendant who then drove left of center, so the officer had reasonable suspicion for the stop...continue to full post

Full post as published by Fourth Amendment on February 21, 2010 (boomark / email).