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OH5: Vehicle inventory permitted opening an apparent can safe

By John Wesley Hall, Jr.

Officers stopped defendant for suspicion of shoplifting, and defendant refused to consent to a search of the car. The officers noted that the license was expired, so the car was impounded. An inventory of the car revealed an energy drink can that felt like it had a false compartment. The can was properly opened. State v. Colopy, 2010 Ohio 2804, 2010 Ohio App. LEXIS 2310 (5th Dist. June 14, 2010). Defendant did not receive IAC from defense counsel for not filing a motion to suppress that would not have prevailed. The person who consented to the search to locate a recently discharged firearm had apparent authority as far as the police were concerned. State v. Pettaway, 2010 Ohio 2798, 2010 Ohio App. LEXIS 2305 (6th Dist. June 18, 2010).* Defendant’s traffic offenses admittedly happened, so pretext is not an issue...continue to full post

Full post as published by Fourth Amendment on June 23, 2010 (boomark / email).