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Criminal Law

: Fourth Amendment

OH8: Getting out of the car at the same time as a trashbag of drugs and coming to the door at the same time was PC

By John Wesley Hall, Jr.

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There was probable cause for the defendant’s arrest where she got out of a car that the CI said had a trashbag of marijuana in it, and she came in at the same time as the trashbag. State v. Hale, 2010 Ohio 3306, 2010 Ohio App. LEXIS 2802 (8th Dist. July 15, 2010).* Defendant’s challenge to the search came for the first time on appeal so it is waived. State v. Layne, 2010 Ohio 2308, 2010 Ohio App. LEXIS 2819 (12th Dist. May 24, 2010).* Defendant’s guilty plea waived any suppression issue. State v. Roberts, 2010 Ohio 3302, 2010 Ohio App. LEXIS 2800 (8th Dist. July 15, 2010).* Officers approached defendants to talk to them and saw drugs in plain view, and that justified getting them out of the car and searching. State v. Moore, 2010 Ohio 3305, 2010 Ohio App...continue to full post

Full post as published by Fourth Amendment on July 18, 2010 (boomark / email).

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