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OH: Defendant could be arrested for DUI in his driveway because it was not protected by the Fourth Amendment

By John Wesley Hall, Jr.

Defendant's arrest in his residence driveway for DUI did not violate the Fourth Amendment because it was not curtilage. His "No Trespassing" sign did not make it curtilage. State v. Kolb, 2008 Ohio 3265, 2008 Ohio App. LEXIS 2766 (6th Dist. June 30, 2008).* The police could search sweatpants handed to them to give to an arrested person when he was arrested outside his house. [Here it was treated as an abandonment, but it is a demonstrable showing of no reasonable expectation of privacy.] People v. Henry, 2008 N.Y. Misc. LEXIS 3741, 239 N.Y.L.J. 116 (Nassau Co. April 25, 2008).* Informants provided detailed information about the defendants' taping drugs to their genitals for transport, and the defendants consented to a search of their car and a strip search that produced them...continue to full post

Full post as published by Fourth Amendment on July 05, 2008 (boomark / email).