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OH6: Search of locked car where defendant fled was without exigency and was suppressed

By John Wesley Hall, Jr.

Defendant drove to a house under surveillance for a coming drug raid. The defendant went back and forth between the house and the car. After the raid on the house, the defendant fled on foot, and the car was left locked. While the car was locked, there was no exigency because the defendant was gone. State v. Washington, 2010 Ohio 2580, 2010 Ohio App. LEXIS 2126 (6th Dist. June 4, 2010): Under these circumstances, there does not appear to be any reason for the officer to believe any evidence would be destroyed or lost without an immediate search of the automobile. While it is true the officer was unsure of the cocaine's whereabouts (whether it was in the trunk or still with appellant), there is no immediate threat that would prevent the officer from waiting to obtain a warrant...continue to full post

Full post as published by Fourth Amendment on June 12, 2010 (boomark / email).