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OH8: Wife's general consent to seize and search the family computer

By John Wesley Hall, Jr.

Defendant’s wife’s consent to seize and search his computer was general and unlimited, and not coerced. The trial court’s suppression order is reversed. State v. Trotter, 2011 Ohio 418, 2011 Ohio App. LEXIS 351 (8th Dist. January 27, 2011).* Defendant counsel filed a motion to suppress which he withdrew before it was ruled on. This was not IAC because there clearly was consent for the search. State v. Cranford, 2011 Ohio 384, 2011 Ohio App. LEXIS 324 (2d Dist. January 28, 2011).* A mere social guest on the premises had no standing. He had no clothing there, and he was just there for a little while when the police arrived. State v. Nevins, 2011 Ohio 389, 2011 Ohio App. LEXIS 329 (2d Dist. January 28, 2011).* An officer’s training in spotting DUI drivers after they are lawfully stopped can be credited when determining reasonable suspicion for continuing the stop to investigate DUI...continue to full post

Full post as published by Fourth Amendment on February 03, 2011 (boomark / email).