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OH5: Stand off not an illegal seizure

By John Wesley Hall, Jr.

During a stand off, defendant claimed in a post-conviction proceeding that he was seized because he could not come out, and his defense counsel was ineffective for not filing a motion to suppress the seizure. Defendant was threatening the SWAT team with guns during the stand off. Defense counsel was not ineffective. State v. Suiste, 2008 Ohio 5012, 2008 Ohio App. LEXIS 4214 (5th Dist. September 29, 2008) (Comment: The court does not specifically hold that the stand off was a seizure, but reading between the lines, it seems so. At least it would be a seizure with probable cause.) State search warrant is not governed by Rule 41 in a federal prosecution. United States v. Morgan, 2008 U.S. Dist. LEXIS 76185 (N.D. N.Y. September 15, 2008).*

Full post as published by Fourth Amendment on October 02, 2008 (boomark / email).