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OH11: Officer with PC could get all occupants out to search car

By John Wesley Hall, Jr.

Defendant’s vehicle with three passengers was stopped for a traffic offense, and the officer saw what appeared to be cocaine in the driver’s hand. That enabled the officer to search the car, and he could get all four out of the car and separate them for safety. State v. Flowers, 2010 Ohio 2952, 2010 Ohio App. LEXIS 2451 (11th Dist. June 25, 2010).* Drug dog going around the defendant’s car while he was stopped for a traffic offense was not unreasonable. State v. Meredith, 2010 Ohio 3121, 2010 Ohio App. LEXIS 2617 (5th Dist. July 1, 2010).* The court finds defendant’s afterthought testimony that he told the officers that they could not search his place before his cotenant agreed so he could rely on Randolph to be incredible...continue to full post

Full post as published by Fourth Amendment on July 05, 2010 (boomark / email).