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OH8: Defendant still and REP in his boarded up house when entered by police after nuisance injunction had expired

By John Wesley Hall, Jr.

Defendant’s house was the subject of a drug nuisance injunction and ordered boarded up. By the time the injunction expired, he was occupying again, and the police entered without a warrant, even though it was still boarded up. He had an expectation of privacy anyway. The police never checked to find out that the injunction had expired. State v. Harris, 2010 Ohio 6019, 2010 Ohio App. LEXIS 5063 (8th Dist. December 9, 2010). Defendant was parked in a high crime area after midnight, standing outside his car with the door open. When the officer called out to him, he got in the car and left. The officer had reasonable suspicion for a stop. State v. Rowe, 2010 Ohio 6030, 2010 Ohio App. LEXIS 5069 (8th Dist. December 9, 2010).* The four corners of the affidavit shows probable cause for issuance of the search warrant...continue to full post

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