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Criminal Law

: Fourth Amendment

OH8: A car that shows up with a truck at a controlled buy is PC for the car

By John Wesley Hall, Jr.

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Officers had probable cause to search a truck for a ton of marijuana after a controlled buy. When the truck arrived at the drop point, the police had probable cause to stop and search a car that was driving with the truck that showed up with it. State v. Higuera, 2010 Ohio 4113, 2010 Ohio App. LEXIS 3487 (8th Dist. September 2, 2010).* Defendant’s furtive movement from the floor to the console during a traffic stop (“frantically reach for something on the floor and place it in the center console”) was justification for a weapons frisk of the console, which produced scales and cocaine residue which supported a further search of the car. State v. Thomas, 2010 Ohio 4132, 2010 Ohio App. LEXIS 3501 (8th Dist. September 2, 2010)...continue to full post

Full post as published by Fourth Amendment on September 07, 2010 (boomark / email).

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