Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

OH4: Illegal search does not justify an assault on the officers

By John Wesley Hall, Jr.

The forced warrantless entry into defendant’s camper was not justified by exigent circumstances. The assault on the deputies, however, was not justified by their illegal entry. A motion to suppress will not be granted over an independent criminal act. State v. Browning, 2010 Ohio 5417, 2010 Ohio App. LEXIS 4569 (4th Dist. November 2, 2010). After a traffic stop, a furtive movement toward the dashboard was justification for a frisk of the car under the dashboard. State v. Gillenwater, 2010 Ohio 5476, 2010 Ohio App. LEXIS 4609 (8th Dist. November 10, 2010).* DUI stop resulted in a valid plain view of a vial in a compartment in the door of PCP. State v. Wilson, 2010 Ohio 5478, 2010 Ohio App. LEXIS 4606 (8th Dist. November 10, 2010) The police knew the informant, and they were able to corroborate his information...continue to full post

Full post as published by Fourth Amendment on November 14, 2010 (boomark / email).