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OH4: Search warrant for a person allows his search wherever he is found

By John Wesley Hall, Jr.

Where a person is the subject of a search warrant, that person may be searched any place where he is found unless the warrant specifies that the search be conducted at a specific location. Defendant's argument that he could only be searched at his own house was rejected. State v. Walker, 2009 Ohio 1903, 2009 Ohio App. LEXIS 1624 (4th Dist. April 23, 2009).* Defendant parked his car on his own without direction from the officer, so he was not stopped. The officer did not need reasonable suspicion to approach him, but he in fact had reasonable suspicion from defendant's driving around the entrance to this highest crime area of the city when he did. State v. Culbertson, 2009 Ohio 1934, 2009 Ohio App. LEXIS 1660 (2d Dist. April 24, 2009).* Information from a sexual abuse victim was presumed to be credible and it provided PC...continue to full post

Full post as published by Fourth Amendment on May 04, 2009 (boomark / email).