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OH6: Even if defendant vetoed consent, PC would have led to a search warrant, so search still valid

By John Wesley Hall, Jr.

Defendant’s stayed at his wife’s place, but he was not on the lease. His wife had the authority to consent. He did not clearly object to the search. And, even if his statement to his wife was an objection to consent arguably was valid under Randolph, there was plenty of probable cause, and the police could have gotten a search warrant, and that means that a search warrant would have issued if sought. Therefore, the motion to suppress was properly denied. State v. Lampkin, 2010 Ohio 4934, 2010 Ohio App. LEXIS 4174 (6th Dist. October 8, 2010): [*P75] In this case, evidence was presented at the suppression hearing that appellant's wife and three children were the only residents listed on the application and approved to occupy the government subsidized home where the mask was found...continue to full post

Full post as published by Fourth Amendment on October 15, 2010 (boomark / email).