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OH2: Defendant had no expectation of privacy from a probation search of brother's place when staying with him when he was on probation

By John Wesley Hall, Jr.

Defendant claimed she was staying with her brother for a few weeks prior to the search. He was on probation and signed a prior consent to a search of his premises. The PO searched under that consent and found drugs attributable to her. His consent to search was valid against her as to the whole premises. State v. McBeath, 2010 Ohio 3653, 2010 Ohio App. LEXIS 3102 (2d Dist. August 6, 2010) [without any real analysis]. Plaintiff failed to show a pattern and practice of unconstitutional plain view searches by the defendant police department’s officers. No other example was shown. Zarnow v. City of Wichita Falls, Tex., 2010 U.S. App. LEXIS 16445 (5th Cir. August 9, 2010).* Defendant was found to have consented to a patdown and a search of his luggage, so the court does not have to decide whether plain feel applies to drugs duct taped to his ankles...continue to full post

Full post as published by Fourth Amendment on August 11, 2010 (boomark / email).