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S.D.Ohio: PC existed for search of car for evidence of failure to register as sex offender where defendant allegedly lived in car

By John Wesley Hall, Jr.

The court credits that there was probable cause to search defendant’s car for evidence of his failure to register as a sex offender because he was living in his car. Evidence could have proved how long he was in the jurisdiction and should have registered. Also, the warrantless seizure of the vehicle was proper rather than leaving it on a parking lot. United States v. Miller, 2011 U.S. Dist. LEXIS 3459 (S.D. Ohio January 6, 2011).* Defendant’s second motion to suppress after a three day hearing on the first one is dismissed because of issue preclusion. United States v. Fernandez-Santos, 2011 U.S. Dist. LEXIS 2763 (D. P.R. January 10, 2011).* There was probable cause for the traffic stop that quickly escalated first to reasonable suspicion then to probable cause...continue to full post

Full post as published by Fourth Amendment on January 16, 2011 (boomark / email).